General Terms and Conditions
Detailed Terms and Conditions
Company means The Technology Academy, a business name of Visarion Limited, with registered offices at 37-39 Southgate Street, Winchester, Hampshire, SO23 9EH, United Kingdom.
Customer means either the person in whose name a registration is made or an organisation (such as an employer) who has accepted liability for a registration.
Agreement means these Terms and Conditions together with a correctly completed Registration Form and the Company’s acceptance of the Registration Form.
Clause means a clause in the Terms and Conditions.
Delegate means the individual attending the Course as stated on the Registration Form.
Instructor(s) means the person(s) delivering a Course.
Course means the training course title and associated course code shown on the Registration Form.
Course Fees means the fees stated on the Registration Form subject to the addition of Value Added Tax (VAT) at the applicable rate on the invoice date.
Course Brochure means either information about a Course shown on the Company website or a course document downloaded from the Company website.
Registration Form means either an online or paper registration form for registrations made via telephone. ‘Personal Data’ means data relating to individuals that is provided to the Company by the Customer.
Force Majeure shall mean any event outside the Company’s control which prevents performance of its obligations including, but not limited to, war and civil strife, etc.
All contracts for the sale of Courses made by the Company are deemed to incorporate these Terms and Conditions, which shall prevail over any other document or communication between the parties, unless otherwise agreed in writing by the Company and the Customer.
3. Course Registration
Course registrations can be accepted at any time up to the course start date subject to the availability of places.
4. Course Fees
Unless extended credit terms have been agreed in advance between The Company and The Client, all Course Fees must be paid for in full by the due date shown on the VAT Invoice.
Once a registration has been confirmed, Delegates are deemed to be personally liable for all Course Fees. An exception to this is when an organisation (such as a Delegate’s employer) agrees to accept liability for all Course Fees. In this case, the person providing notification, as stated on the Registration Form, must be authorized to enter into training course contracts on behalf of the organisation.
Course Fees include tuition by the instructor(s), training materials, morning and afternoon refreshments, lunches and any room or equipment rental required for the Course. Unless otherwise stated, travel and accommodation costs are NOT included in Course Fees.
All Course Fees are quoted exclusive of VAT at the prevailing rate in the UK.
Any applicable discounts may only be claimed at the time of registration.
6. Suitability of Delegates
The Customer is responsible for ensuring that the background of each Delegate is suitable for the Course the Delegate is attending.
We would like to ensure that all course delegates obtain excellent value from our courses. If a Delegate concludes by lunch time of the first day of a course that the content is unsuitable, then upon notifying the Course Instructor we will refund 100% of the Course Fees. All learning materials must be returned to the Course Instructor and the Delegate must leave the Course at lunchtime.
The Company will not be liable to refund travelling, subsistence or consequential expenses. Delegates should read and understand the Course Brochure and contact the Company if there are any questions about suitability prior to registering.
7. Course Cancellation
The Company reserves the right to cancel or re-schedule any Course due to an insufficient number of Delegates or for any other reason. In this event, the Company will make all reasonable efforts to inform Delegates of any rescheduling or cancellation as soon as known. In this case, the Company will not be liable for any loss or expenses incurred by the Customer or Delegate. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses incurred by the Client or Delegates. The liability of the Company shall be limited to refunding any paid Course Fees in full.
The Company reserves the right to vary the arrangements for the delivery of Courses, such as changing course venues and substituting Instructors. In such cases, we will make all reasonable efforts to inform Delegates of these changes in advance of the Course.
8. Cancellation and Refund Policy
If a registered Delegate wishes to cancel a registration for a Course, notification should be given to the Company by email, post, fax or telephone to be received as soon as possible. The following cancellation fees shall be due, depending on the notice period given prior to the Course date:
Where notice of cancellation is received between 7 and 14 days before the start of the Course, the Company will charge 20% of the full Course Fee plus VAT. If the Company has already received payment, the Company will refund 80% of the full Course Fee plus VAT;
Where notice of cancellation is received less than 7 days before the start of a Course, the Company will charge a cancellation fee of 100% of the full Course Fee plus VAT. If the Company has already received payment, the Company will not refund any of the Course Fees paid. However, substitute Delegates can be made at any time before a Course commences.
9. On-Site Courses
Where a Course is provided as a non-scheduled customer specific Course (such as an on-site course) the following additional Terms and Conditions shall apply:
Cancellation of an on-site Course must be made at least 14 days before the agreed Course start date, otherwise the Company reserves the right to charge a cancellation fee equivalent to 100% of the Course Fee;
Only Delegates shall be entitled to attend an on-site Course, unless otherwise agreed in writing by the Company;
The content, timing and venue of an on-site course will be agreed by the Company in advance of the start of a Course and all necessary resources and facilities will, at the Client’s expense, be provided in accordance with requirements stated by the Company prior to the start of the Course;
The Customer will take all reasonable steps to safeguard the personnel or representatives of the company when on the client’s premises as well as any property brought onto such premises for the purpose of providing the course.
10. Delegate Substitutions
Substitution of registered Delegates may be made at any time before a Course starts at no extra charge. Please contact The Company as far in advance of the Course as possible to inform it of any changes, including full details of the substitute Delegate, so that Delegate lists and name badges can be amended. The same Terms and Conditions will apply to the replacement Delegate. The Delegate being replaced is responsible for recovering any Course Fees due from the substitute Delegate.
11. Transfer to Alternative Courses
Registered Delegates who can no longer attend a particular Course can apply to attend the same Course at a future date or an alternative Course scheduled to be run. A Delegate may only make one transfer and the new course must be attended within 1 year of the original registration date.
The Customer should contact the Company as far in advance of the Course as possible, providing full details of the Course they wish to withdraw from and the new Course they wish to attend. Notification should be given to the Company by email, letter, fax or telephone. A Registration Form for the new Course should be completed and submitted to The Company.
Course Fees that have already been paid will be transferred to the new Course and an invoice issued for any difference. Any fees owed to the Client, due to the new Course Fees being lower than the original Course Fees, will be refunded.
12. Modification of Content
Details of individual Course content are provided for information purposes only and do not constitute an offer for a particular Course. The Company constantly strives to improve the content of its Courses and therefore reserves the right to modify the content of a Course without notice.
13. Course Joining Instructions
Registered Delegates will be sent Course Joining Instructions in advance of the Course. Delegates are responsible for ensuring that Course Joining Instructions have been received before the Course commences.
14. Special Requirements
Any special requirements should be advised to the Company in advance of the Course, preferably during the registration process. The Company invites Delegates to make known to it any medical conditions or other needs which might enable it to provide a higher level of personal service and attention. Any information received in this regard by the Company remains confidential.
Delegates with special dietary requirements, allergies, health issues or ability impairments are requested to advise the Company of these in advance of the Course. The Company will endeavour to assist Delegates to the best of its abilities.
The Company cannot guarantee that refreshments are free of nuts or other substances to which Delegates may be allergic and therefore it does not accept any liability for any allergic reaction to the refreshments provided during the Course.
The Company is not responsible for any personal belongings left in any of the Course venues.
15. Instructional Language
Unless otherwise stated, the language of instruction for all Courses is English.
16. Delegate Behaviour
Delegates are expected to act in a reasonable manner throughout the duration of the Course. However, if, in the opinion of the Instructor(s), a Delegate behaves in an unreasonable manner, the Instructor(s) reserve the right to ask a Delegate to leave the Course. In this case, the decision of the Instructor(s) shall be final.
17. Health and Safety Compliance
Delegates shall comply with all applicable health and safety legislation and codes of practice throughout the duration of the Course.
All rights reserved. No part of any Course notes or materials may be reproduced or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise or stored in any retrieval system of any nature without the written permission of the copyright owner. All trademarks are acknowledged.
19. Advertising and Marketing
From time to time, we may take photographic or video images of Delegates during lectures or other related functions for advertising and marketing purposes, both within the UK and internationally. Individual consent by Delegates will be assumed, unless otherwise indicated by Delegates either by email, writing, fax or verbally prior to or during the Course.
20. Data Protection
The Company warrants to the Client that it will only use Personal Data for the purpose of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data and that it will destroy the Personal Data upon written demand from the Client, and further, that it has in all respects complied with its obligations under the Data Protection Act 1998 and any amendments to or re-enactments thereof.
21. Acceptance of Terms
No variation can be made to these Terms and Conditions without the written consent of a director of The Company. These Terms and Conditions are deemed to be accepted by the Client and Delegate(s) upon registering for a Course. The Company reserves the right to vary these Terms and Conditions from time to time and the current version will be that published on the company website.
22. Force Majeure
Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including Act of God, refusal of licence (other than as a result of any act or omission of the Company) or other Government act, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
23. Warranty and Liability
Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by the Company to the fullest extent permitted by law and the Company shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Client or Delegate.
The Company represents and warrants that the services provided will be performed in a professional and skillful manner consistent with the professional standards and the general customs and practices of the industry.
The Company shall not under any circumstances be liable for any indirect or consequential damages however caused. The Company’s liability in respect of any breach or non-performance of any order shall be limited to the refund of the Course Fees to which the claim relates.
In the event that the Company is prevented from carrying out its obligations under a contract as a result of any cause beyond its reasonable control, such as, but not limited to, Acts of God, war, strikes, flood, terrorism and failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities under such contract for as long as such fulfilment is prevented.
If any provision herein is held to be invalid, illegal or unenforceable,the validity and enforceability of the remaining provisions shall not in any way be affected or impaired. Waiver by the Company of any of the terms herein or the granting of time or indulgence by the Company to the Client or Delegate shall in no way affect the Company’s rights hereunder. The headings given are for clarification and do not form part of the Terms and Conditions.
The Company has made every effort to ensure that the Course materials it provides are complete and accurate. However the Company cannot be held legally responsible for any errors in the printing of the Course materials or any incorrect instructions within any of the Course materials provided.
The Company gives no warranties, express or implied, including fitness for a particular purpose in respect of any of the Course materials it provides or any of the information contained therein.
26. Applicable Law
This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
The Technology Academy is a business name of Visarion Limited
Registered in England & Wales No. 06084100
VAT Registration No. GB 908 54 6505
Registered Office: 37-39 Southgate Street, Winchester, Hampshire, SO23 9EK, United Kingdom