Terms & Conditions for Delivery of Training
Please find following our Terms & Conditions for Delivery of Training Services. We encourage you to read these and to contact us with questions if you have any queries.
If you would like a PDF copy of these e-mailed to you, please contact us. By booking our training you indicate that you accept these terms. Terms & conditions for delivery of bureau or consultancy services are available on request and as part of the booking process.
1.1. “Clear Direct Debit” means Cleara Consulting Ltd whose registered address is Hamilton House, 87-89 Bell Street, Reigate, Surrey, RH2 7AN. (Registered in England No. 07081560)
1.2. “Agreement” means these terms and conditions and/or 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 and that is completed with details of the training
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 / process.
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 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 organisation / group of combined organisations, held at the clients office or nominated location
2.1. Clear Direct Debit shall provide the Services on the Date(s) for the Services and at the location as detailed in the Booking Form, or as in subsequent agreed communication and in accordance with these terms and conditions. As part of this service Clear Direct Debit will contact the client prior to the delivery of the service to confirm the details relating to the service and after the delivery of the service to ensure that the service was received satisfactorily.
2.2. Clear Direct Debit may store the names of the delegates / clients for the purpose of supporting them after the course to answer course – related queries and to advise them of the availability of further courses, updates to scheme rules and other industry news that may be of interest.
2.3. 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.
3.1 If a delegate identified on a Regional Booking Form, or an organisation that has booked an onsite course wishes to cancel, the following fees shall be due:
Days notice of cancellation: % 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, Hamilton House, 87-89 Bell Street, Reigate, Surrey, RH2 7AN or by Email to firstname.lastname@example.org.
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.If an organisation wishes to change the date of onsite course once agreed, an administration fee of £150 will apply if this is within 14 days of the original course date. The re-organised date must be within 3 months of the original date and only one change of date will be allowed.
3.6 A substitute delegate may be provided at no cost but Clear Direct Debit must be informed regarding the name change prior to the course.
3.7. If a delegate identified on a Regional Booking Form wishes to transfer to an alternative course, a £50 transfer fee may be applied. A delegate may transfer on one occasion only.
3.8. 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.
5.1 The Charges for the Services which are subject shall be due upon signature of this agreement and payable within 14 days of the date of invoice or 14 days before the training date, whichever is soonest, unless specifically agreed otherwise.
5.2. Payment should be made by 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 14 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. A charge for expenses will be added to the cost of the training and an invoice for both forwarded as soon as possible after the booking is received.
5.9. For on-site training courses, expenses will be charged as follows:
5.9.1. For central London, travel will be charged for a return train fare to Surrey at £30 + VAT.
5.9.2. Within England and Wales, mileage expenses will be based upon mileage as estimated by Google from our offices to the location of the training and return. Costs will be charged at 45 pence per mile.
5.9.3. Accommodation and Subsistence: Where travel time is greater than 2 hours an overnight stay the night prior to the course will be deemed necessary and will be charged at £130 + VAT.
5.9.4. For courses in Scotland and Northern Ireland, a return flight will be charged. If this is to Edinburgh, Glasgow or Belfast it is estimated that this will cost approximately £110 + VAT return. Flights to other airports may incur an additional charge which will be agreed in advance. For courses where a flight is necessary, taxi charges to transport to and from Gatwick AND to and from the other airport location will also be charged, at an estimated cost of £80 + VAT.
6.1 Clear Direct Debit 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.
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.
9.1 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 organisational and technical security measures are in place to protect the Personal Data provided as part of this agreement.
9.3. Clear Direct Debit will not share this personal data with any other organisation or transfer it outside of the European Union unless explicitly agreed by the client.
9.4. Once the agreement is completed, Clear Direct Debit will, at the clients request, delete or return all copies of the data held.
9.5. Clear Direct debit will co-operate with and assist the client and relevant supervisory authorities to ensure that all parties are able to fulfil their commitments under GDPR, in relation to the security of data, providing subject access requests and the notification of personal data breaches.
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.
12.1 The parties shall comply with all applicable health and safety legislation and codes of practice.
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.