Acunity Training Trading Terms and Conditions
Unless otherwise agreed in writing, our terms and conditions for the supply
of training services are as described below.
All contracts for the delivery of training by Acunity Ltd are deemed to incorporate
these Terms and Conditions of Sale, which shall prevail over any other document
or communication between the parties unless otherwise agreed in writing.
For the purposes of this document the term Training shall
include training courses and seminars, the term Client shall
include any individual or organisation who has entered into a contract with
Acunity Ltd for the supply of Training.
Suitability for Courses
It is the responsibility of the Client to ensure that all delegates are properly
matched to the training course that they are attending. Acunity Ltd can provide
assistance in assessing delegates, however Acunity Ltd cannot be held liable
for any refund where delegates are not suited to a particular course.
In no circumstances will Acunity be liable to refund any amount in excess of
the agreed fee for the training course in question. This applies in particular
(but is not limited) to any travel, subsistence or consequential expenses incurred
by delegates attending courses provided by Acunity Ltd.
Booking and Cancellation
Bookings can only be accepted when a valid purchase order is received by Acunity
Ltd from a company that has a credit arrangement with us. Otherwise the full
purchase price must be paid to Acunity Ltd in advance before the booking can
be confirmed.
Once a booking has been accepted in writing by us, the following cancellation
terms apply:
- Cancellation fees are based on the agreed price for the course in our acceptance
of the booking.
- Cancellation earlier than 10 working days prior to the start of the course
incurs no penalty.
- Cancellation between 9 and 6 working days prior to the start of the course
incurs a 30% cancellation fee.
- Cancellation between 5 and 3 working days prior to the start of the course
incurs a 50% fee.
- Cancellation of any course with 2 working days' notice or less (or failure
to attend a Scheduled course) will render the course purchaser liable for
the full fee.
If for any reason the Client wishes to nominate an alternative delegate to
attend a course previously booked by the Client for another person, as long
as the proposed delegate is suitable for the course they will be allowed to
attend.
Scheduled Training
Course fees cover the cost of training materials and books supplied by us, use
of appropriate facilities, trainer's time, refreshments and any room or equipment
rental we undertake.
Unless otherwise agreed with the Client, the joining time for courses held at Acunity is 9:30 onwards, with courses commencing from 10:00 am. There will be regular breaks and a one-hour break for lunch. Courses run until 4:30pm.
Scheduled courses may be delivered on portable equipment such as laptop computers
and may be in rented accommodation such as a hotel conference room or similar.
Clients agree that they understand and accept this and shall advise Acunity
Ltd if this is likely to be inappropriate for the delegate(s) concerned.
Unless a credit agreement is in place between Acunity Ltd and the Client, payment
for training is due in advance; delegates will not be permitted to undertake
the course if payment has been not been made. The cancellation terms above shall
apply in any case.
On-site Training
(N.B. Clients are advised to read the On-Site Guide
when booking On-Site courses in addition to these Terms and Conditions.)
Clients are responsible for ensuring that all facilities, equipment and software
necessary for the successful delivery of the course is supplied in accordance
with the course requirements.
VAT
VAT will be added to the cost of all courses at the prevailing rate.
Payment Terms
Acunity Ltd's standard payment terms are as follows:
- Training price is payable in accordance with the terms as laid out in the
Training Terms and Conditions document
- For Clients who have an agreed credit arrangement with Acunity Ltd, 100%
of Service price is payable by 14 days from the date of issue of the invoice
If any invoice becomes overdue the Client's full outstanding balance with
Acunity Ltd becomes due and payable. Acunity Ltd reserves the right to charge
interest on overdue invoices at 2.5% above the base rate in force calculated
on a daily basis. Payment shall be deemed to have been received only when the
full amount has been credited to Acunity Ltd’s bank account without recourse.
Travel and Subsistence Costs
Travel and subsistence costs for staff engaged in delivery of Training where
it is necessary to work away from Acunity Ltd’s offices shall be recharged
at cost unless otherwise agreed in writing.
Delivery
- Where delivery of Training is made on Client premises, all responsibility
for logistics rests with the Client. In the event that the training facilities
or any required audio/visual aids are unavailable any subsequent consequential
expenses for provision of alternative facilities or audio/visual aids shall
be borne by the Client.
- Where any dependencies on Client staff or materials are indicated in the
Plan for a Service engagement, any expense or cost of additional effort required
to meet the contracted delivery schedule consequent on failure to satisfy
the dependency will be borne by the Client.
Liability
- Acunity Ltd shall not under any circumstances be liable for any indirect
or consequential damages however caused.
- Acunity Ltd’s liability in respect of any breach or non-performance
of any order shall be limited to the refund of the invoice value to which
the claim relates.
- In the event that Acunity Ltd 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, Acunity Ltd shall be relieved of its obligations
and liabilities under such contract of sale for as long as such fulfillment
is prevented.
Miscellaneous
- 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 Acunity Ltd of any of the terms herein or the granting of time
or indulgence by Acunity Ltd to the Client shall in no way affect Acunity
Ltd’s rights hereunder.
- All headings are for clarification and do not form part of the terms and
conditions.
- Any notice or demand to be given hereunder shall be in writing and shall
be delivered by hand or by first class post. If posted any notice shall be
deemed to have been delivered 48 hours after posting.
The law of England shall apply to these terms and conditions.
