TERMS AND CONDITIONS FOR DELIVERY OF SERVICES
1.1. “Clear Academy ” and “Clear Direct Debit” means Cleara Consulting Ltd, Top Floor, 5 – 7 Linkfield Corner, Redhill, UK, RH1 1BD. (Registered in England No. 07081560)
1.2. “Agreement” means these terms and conditions and the Booking Form.
1.3. “Booking Form” means the booking form issued to the Client by Clear Direct Debit or obtained by the Client from the Clear Direct Debit website.
1.4. “Charges” means the charges for the Training Services set out in the Booking Form.
1.5. “the Customer” or “the Client” means the client identified in the Booking Form.
1.6. “Clause” means a clause in these terms and conditions.
1.7. “the Date(s) for the Services” means the date(s) upon which the Services are to take place as set out in the Booking Form.
1.8. “Delegates” means the Client’s staff who are to receive the Services as set out in the Booking Form.
1.9. “Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Clear Direct Debit.
1.10. “the Trainer” means the person delivering the Services.
1.11. “the Location” means the place at which the Services are to be provided by Clear Direct Debit as set out in the Booking Form.
1.12. “Services” means the services set out in the Booking Form.
1.13. “Confirmation” means a legally binding contract instructing Clear Direct Debit to invoice the Customer.
1.14. “Regional Training course” means a multi-client training course held in various locations around the UK as detailed on the Clear Direct Debit website or specified by Clear Direct Debit.
1.15. “On-site training course” means a training course run by Clear Direct Debit for an individual corporate customer, held at the clients office or nominated location.
2. SERVICES AND LOCATION
2.1. Clear Direct Debit shall provide the Services on the Date(s) for the Services as detailed in the Booking Form, or as in subsequent agreed communication and in accordance with these terms and conditions.
2.2. Up until 48 hours before the Services are due to commence, Clear Direct Debit may by notice in writing alter the Location of the Regional Training course, provided that the new location is within 5 miles of the original location.
3. TRANSFER, CANCELLATION AND POSTPONEMENT
3.1. If a delegate identified on a Booking Form wishes to cancel a course, the following fees shall be due:
Days notice of cancellation prior to commencement of the Services % of Charges due
31+ working days 25%
15-30 working days 50%
14 working days or less 100%
3.2. Notification of any cancellation must be made in writing to Clear Direct Debit, Top Floor, 5 – 7 Linkfield Corner, Redhill, UK, RH1 1BD or by Email to email@example.com
3.3. In the event of an onsite training course, any expenses already incurred prior to a cancellation date will be chargeable to the client.
3.4. Non-attendance of any course for any reason whatsoever is deemed to be a cancellation with no notice and payment is due in full.
3.5. A substitute delegate may be provided at no cost.
3.6. If a delegate identified on a Booking Form wishes to transfer to an alternative course, a £50 transfer fee may be applied.
3.7. Occasionally training dates may need to be postponed due to unforeseen circumstances. In this event Clear Direct Debit will advise the client as soon as possible and rearrange an alternative, mutually convenient date.
4.1. Delegates shall act reasonably throughout the training. Clear Direct Debit may remove a Delegate from a course, where, in the opinion of the Trainer, which shall be final, the Delegate is behaving unreasonably.
5. CHARGES AND PAYMENT
5.1. The Charges for the Services which are subject shall be due upon signature of this agreement and payable within 30 days of the date of invoice or 48 hours before the training date, whichever is soonest, unless specifically agreed otherwise.
5.2. Payment can be made either by cheque or Bacs payment.
5.3. The published prices do not include any travel, accommodation or living expenses which the delegate may incur when attending the course.
5.4. Sums due under this Agreement are exclusive of VAT which shall be payable by the Client where appropriate.
5.5. In the event the Client fails to make payment in accordance with this Agreement, Clear Direct Debit may:
5.5.1. charge interest at the statutory interest rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 and amendments thereto per month or part thereof on the unpaid sum for that period the sum remained properly due before and after any court judgement; and/or
5.5.2. by notice in writing suspend supply of the Services.
5.6. Discounted rates only apply where advertised or agreed directly with Clear Direct Debit and are subject to payment terms
5.7. Payment not received within 30 days of the date of invoice shall be subject to the full price regardless of any previous discounts agreed.
5.8. For on-site training courses, reasonable expenses for travel, accommodation and subsistence when properly and necessarily incurred will be paid by the Client. An invoice for expenses will be sent as soon as practicably possible following from the expense occurring and will be chargeable if incurred even in the event of a course cancellation. Should the client so wish, an amount can be agreed in advance to cover expenses. Mileage expenses will be based upon mileage as estimated by the AA to and from our offices to the location of the training.
6.1. The Supplier shall carry public liability insurance for a minimum amount of one million pounds for each and every claim and shall provide evidence of this cover upon reasonable request.
7.1. Clear Direct Debit may make reference to a Client’s contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
7.2. Clear Direct Debit may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future.
8.1. The parties shall treat as, and keep confidential, all information whether of a technical, commercial or any other nature relating to the other party and shall not, during the period of this Agreement, or at any time after its termination, divulge any such information to any person not authorised by the divulging party to receive it and shall not utilise any secret or confidential knowledge or information acquired in connection with this Agreement to the detriment or prejudice of the other party or use the same for any purposes save for the purposes of this Agreement.
9. DATA PROTECTION.
9.1. The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow Clear Direct Debit at all times to perform the Services without infringing any third party rights. Clear Direct Debit shall not be liable to perform the Services to the extent it is unable to due to a breach of this Clause.
9.2. Clear Direct Debit warrants to the Client that it will only use the 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 or deliver up 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.
10. INTELLECTUAL PROPERTY
10.1. All intellectual property rights, including copyright, patents and design arising in connection with this Agreement shall belong to and remain vested in Clear Direct Debit and the Client shall execute any document necessary for this purpose.
11.1. Clear Direct Debit warrants that in carrying out the Services, it has, and will, exercise all reasonable skill and care to be expected of a professional, experienced in such work.
12. HEALTH AND SAFETY
12.1. The parties shall comply with all applicable health and safety legislation and codes of practice.
13. ENTIRE AGREEMENT AND AMENDMENTS
13.1. This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and Clear Direct Debit relating to the Services.
13.2. Any amendments to this Agreement shall be in writing.
14.1. This Agreement shall be effective upon signature by the Client.
15.1. This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
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