Terms & Conditions.
INFINITE TRAINING SOLUTIONS LTD TERMS AND CONDITIONS
1). These Terms and Conditions are the standard terms for the provision of services by Infinite Training Solutions Ltd, a Limited Company registered in England under number 9897043 whose registered and trading address is 2 Folly Farm Cottages, Clevedon Road, Tickenham, North Somerset, BS21 6RY.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Trainer”||means an awarding body, regulated trainer of Infinite Training Solutions Ltd|
|“Purchaser”||Means the business or person booking the course|
|“Contract”||means the contract for the provision of Services,|
|“Deposit”||means an advance payment made to Us to secure your booking|
|“Onsite”||Means training provided at your premises;|
|“Price”||means the price payable for the Services;|
|“Services”||means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);|
|“Order”||means your order for the Services|
|“Order Confirmation”||means Our acceptance and confirmation of your Order;|
|“We/Us/Our”||means Infinite Training Solutions Ltd, a Limited company registered in England under number 9897043 whose registered and trading address is 2 Folly Farm Cottages, Clevedon Road, Tickenham, North Somerset, BS21 6RY.|
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2). Information About Us
Infinite Training Solutions Ltd, is a Limited company registered in England whose registered and trading address is 2 Folly Farm Cottages, Clevedon Road, Tickenham, North Somerset, BS21 6RY
Our VAT number is 276 1083 03.
We are regulated by Qualifications Network UK, Highfield Qualifications, Training Qualifications UK, and Royal Life Saving Society.
- The services offered by Infinite Training Solutions Ltd constitute training courses, educational services, risk assessments, practical training and advice provided on site, via e-learning portals and virtual learning where applicable and under these terms and conditions.
- The website and the customer service staff at Infinite Training Solutions Ltd will provide costings of all services provided and include or exclude VAT costs as appropriate. The services described will be conforming to the services provided. The customer is responsible for choosing the appropriate level of services or products offered by Infinite Training Solutions Ltd. Infinite Training Solutions Ltd reserve the right to alter or amend the service specification or withdraw services at any time.
- Courses will be sold as advertised and will conform to the required descriptions and laid out by the awarding organisation, and the ITS website. Each customer must ensure they are purchasing the right training course for their business or organisation. ITS reserve the right to withdraw or amend services at any time.
- ITS reserves the right to amend prices at any time, however the price for the services required will be detailed on the website, agreed in the booking terms and conditions and detailed on the order confirmation booking form.
- If an order that has been placed does not meet your requirements or any amendments need to take place following a completed order confirmation, ITS will either refund all monies owed in full if applicable to cancellation policies or the purchaser can accept a variation in price.
- In the case of all onsite courses where a trainer must travel more than 50 miles to a venue or requires overnight accommodation, or has to incur additional expenses, ITS reserves the right to amend its stated price. If this should occur, the purchaser can either accept a full refund or accept the new amended price.
4). Supply & Eligibility
a). ITS will attempt to provide the selected training courses and services agreed with the purchaser and if any changes occur, ITS will immediately inform the purchaser. ITS does not accept any liability for the consequences of any changes to the course dates or any delays with course timings. Wherever possible, ITS will provide as much prior notice as possible to minimise impact on the purchaser.
b). It is the purchaser’s responsibility to ensure each delegate is capable, fit and well to undertake the chosen training course or activity. If any student requires additional support, the purchaser should notify ITS immediately. If the trainer from ITS decide that a delegate has not met the required standards laid out by the awarding body to pass the course, optional reassessment for the delegate will be offered at a specified charge. There are no guarantees that every delegate will pass the course selected.
c). If a requalification course is required, each delegate will be required to present a valid, in date first aid at work certificate to the trainer. The in-date period allows 3 months prior to the expiry date and no more than 28 days after the expiry date of the certificate. If these criteria are not met, a requalification course will not take place for each affected delegate.
d), The Purchaser (the employer) acknowledges that if a student arrives late for a course or is absent from any session, ITS and the trainer reserves the right to refuse to accept the Student for training. In all such cases, the full course fee remains payable.
5). The Contract
a). These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
b). Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
c). A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
d). We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
(i). The main characteristics of the Services;
(ii). Our identity (set out above in Clause 2) and contact details (as set out below in Clause 22);
(iii). The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
(iv). The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
(v). Our complaints handling policy;
(vi). Where applicable, details of after-sales services and commercial guarantees;
(vii). The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
a). All Orders for Services made by you will be subject to these Terms and Conditions.
b). You may change your Order at any time before We begin providing the Services by contacting Us. Please refer to cancellation and changes policy for prices
c). If your Order is changed, we will inform you of any change to the Price via email
d). You may cancel your Order within 14 days of placing it. If you have already made any payments to Us (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing via email. If you wish to cancel the Services after this time period, or once We have begun providing the Services, there will be a cancellation charge and neither the deposit or any settled balance will be refunded as per the cancellation policy.
e). We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
7). Price and Payment
a). A contract will be formed when ITS notifies its acceptance of the order. You agree to make payment which must be made at the time of booking, by card payment or ticket purchase. Invoicing will only be accepted via terms acceptable to ITS. If invoiced. you agree to be invoiced either via email immediately with the invoice payable within 14 days of the date of the invoice. If courses are booked within 14 days of the course date you agree to pay on receipt of the invoice. Failure to abide by these terms can result in ITS cancelling the course or retaining the course certificates, invalidating your training until payment is received.
b). If the purchaser disputes payment and the result of the dispute must be referred to a court of law the purchaser agrees that ITS can claim back its court expenses and any third-party collection fees in addition to the original booking fee.
c). The Price of the Services will be that shown in Our website and course booking confirmation form in place at the time of your Order. If the Price shown in your Order differs from Our Current Price We will inform you upon receipt of your Order.
d). Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.
e). All Prices quoted will include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
f). Before We begin providing the Services, you will be required to pay a Deposit of 25% of the total Price for the Services, if the services are booked before the 14-day terms for invoiced courses. The due date for payment of your Deposit will be included in the Order Confirmation.
g). The balance of the Price will be payable 14 days prior to the course start date. If the course is booked with less than 14 days until the start date, the full amount of the course is payable upon receipt of the order confirmation.
h). We accept the following methods of payment:
- BACS transfer as detailed on the invoice
- Card payment via the website or over the phone
- Invoice on ITS terms and conditions
i). If you do not make payment to Us by the due date as shown in/on booking confirmation form, we may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of Barclays Banks Plc from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
j). The provisions of sub-Clause 7(i) will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
9). Providing the Services
a). As required by law, we will provide the Services with reasonable skill and care, consistent with best practices and standards in the training sector, and in accordance with any information provided by Us about the Services and about Us.
b). We will begin providing the Services on the date confirmed in Our Order Confirmation.
c). We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.
d). If We require any information or action from you in order to provide the Services, we will inform you of this as soon as is reasonably possible. Examples of what we may require include a suitable training venue including welfare, heating, lighting, space, and seating.
e). If the information or action required of you is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, we may charge you a reasonable additional sum for that work.
f). In certain circumstances, for example where there is a delay in you sending Us information or taking action, we may suspend the Services (and will inform you of that suspension in writing).
g). In certain circumstances, for example where We encounter a technical problem, we may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, we will inform you in advance in writing before suspending the Services.
h). If the Services are suspended, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
i). If you do not pay Us for the Services as required, we may suspend the Services until you have paid all outstanding sums due. If this happens, we will inform you in writing. This does not affect Our right to charge you interest.
10). Substituting Candidates
a). If a candidate needs to be substituted onto a course or the number of delegates changes after the booking has been finalised, the purchaser will acknowledge that the additional service price may reflect these changes.
11). Non- attendance & late attendance
a). If you do not attend a course or refuse our trainer access and you have not previously informed us in writing as per the terms of the contract the full course fee remains payable.
b). If you arrive late for a course or are absent from any session we reserve the right to refuse to accept you for training, the full course fee remains payable.
12). Onsite training conditions
a). If you have booked an onsite course and the site conditions must be suitable and agreeable by the trainer and by ITS, these conditions should meet the requirements set out by the HSE in regard to space, lighting, welfare, facilities, heating, clean and clutter free and seating. If the training venue or space does not meet these requirements, ITS withhold the right to refuse to train in the supplied area or venue. The purchaser agrees that your responsibility as part of the order is to provide an appropriate space for training and if the training services has to be cancelled due to the failure to meet these requirements, the full course fee is still payable.
b). The purchaser agrees to abide by the trainer’s decision as to whether the training space is suitable for purpose and as such agrees that the full course fee is still payable and cannot be withheld as a result of the trainer declining to train for the reason the onsite training conditions do not meet the trainer’s standard onsite expectations.
13). Problems with the Services and Your Legal Rights
a). We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible by contacting Us in writing.
b). We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
c). We will not charge you for remedying problems where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, we may charge you for remedial work.
d). As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, we will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.
a). If you wish to cancel your Order for the Services before the Services begin, you may do so subject to the appropriate charging scale (see below)
b). If the purchaser requires to change the agreed date of the training course or cancel the course completely, the purchaser will be charged as follows (see below).
i). More than 14 days – No charge
- 7 – 14 days – 50% of the course fee
- Less than 7 days – 100% of the course fee
14a). If the course needs to be postponed within the 14-day period due to unforeseen circumstances, but is rebooked for another date, the only charge will be a 10% administration fee. The rebooked date must be completed at the time of the cancellation. Only one rebooking date is permitted.
15). Commercial Cancellations
a). Cancellations must be received in writing via email and received by the due date and confirmed as received by ITS, please note ITS is not responsible for undelivered written confirmations. Cancellations are not valid without a written receipt from ITS acknowledging receipt of your cancellation. ITS may from time to time require proof written confirmation was sent.
b). On occasion where a course has to be cancelled by ITS the customer is making the booking on the agreement that ITS cannot be held responsible for any costs incurred by the customer as a result of ITS cancelling the course and therefore the customer accepts that ITS cannot compensate the customer in any way for any expenses whatsoever as a result of the said cancellation. The customer understands the booking is being made on that basis.
16). Consumer Cancellations
a). If you are booking as an individual, you have seven working days in which to cancel your booking from the date it was made without charge. If your course is due to start within seven working days of the date you made the booking, the cancellation request must be received prior to the course start date. For courses that are booked outside this period standard cancellation fees apply. This does not affect your statutory rights. Cancellations can be received by phone 01643 829219 or email firstname.lastname@example.org
17). Unforeseen circumstances
a). On occasion unforeseen circumstances may require ITS to cancel a course. For example, if a trainer is taken ill or has had an accident on the way to the training. In such circumstances you will be given as much notice as possible and either a free transfer to another course or a full refund will be given.
b). On occasion where a course has to be cancelled by ITS the booking is made on the understanding by the customer that ITS cannot be held responsible for any costs incurred by the customer as a result of ITS cancelling the course and therefore the customer accepts that ITS cannot compensate the customer in any way for any expenses whatsoever as a result of the said cancellation.
c). If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment. You will be required to give 14 days’ notice in these circumstances:
(i). We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
(ii). We enter into liquidation or have an administrator or receiver appointed over Our assets; or
(iii). We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
(iv). We change these Terms and Conditions to your material disadvantage.
d). We may cancel your Order for the Services before the Services begin.
e). Once We have begun providing the Services, we may cancel the Services and the Contract at any time by giving you immediate notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 5.
f). If any of the following occur, we may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 14-day notice in these circumstances:
(i). You fail to make a payment on time as required (this does not affect our right to charge interest on overdue sums); or
(ii). You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking you to do so in writing; or
(iii). We are unable to provide the Services due to an event outside of Our control
g). For the purposes of this, a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
18). Events Outside of Our Control (Force Majeure)
a). We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
b). If any event described here occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
(i). We will inform you as soon as is reasonably possible;
(ii). Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
(iii). We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
(iv). If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
(v). If the event outside of Our control continues for more than 2 weeks, We will cancel the Contract in accordance with Our right to cancel and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
19). Our Liability
a). We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
b). We provide Services for domestic, commercial, business and industrial purposes We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
c). Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
d). Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
e). Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
a). The Contract may be terminated by the Supplier with immediate effect if you fail to pay the price in accordance with these Terms and subject to the Payment terms and conditions outlined above.
b). The contract may be terminated by the supplier if you in any way bring into disrepute the name, the reputation, the interests of, the employees of or the goods and services of the supplier.
c). The supplier reserves the right to refuse or terminate any booking without reason. The supplier does not accept liability for the consequences of any refusal or termination of any booking. However, where possible the supplier will endeavour to give reasonable notice of any such termination.
d). The contract may be terminated if either party ceases to carry on its activities, becomes unable to pay its debts when they fall due, becomes or is deemed insolvent, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the whole or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt, an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or enters into liquidation whether compulsorily or voluntarily or shall suffer any analogous event under any jurisdiction which it is.
e). Notwithstanding termination of the Contract for any reason you will continue to be liable for that proportion of the price attributable to those Services provided up until the date of termination.
21). Data Protection
22). Communication and Contact Details
a). If you wish to contact Us, you may do so by telephone at 01275 602977 or by email at email@example.com.
b). In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
(i). Contact Us by email at contactus@infinitetraining,co.uk; or
(ii). Contact Us by pre-paid post at 2 Folly Farm Cottages, Clevedon Road, Tickenham, North Somerset, BS21 6RY.
23). Complaints and Feedback
a). We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
b). All complaints are handled in accordance with Our complaints handling policy and procedure, available upon request.
c). If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
(i). In writing, addressed to Mr Simon Brake, Company Director, Infinite Training Solutions Ltd, 2 Folly Farm Cottages, Clevedon Road, Tickenham, North Somerset, BS21 6RY.
24). How We Use Your Personal Information (Data Protection)
a). All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulations 2018 and your rights under these regulations.
b). We may use your personal information to:
(i). Provide Our Services to you.
(ii). Process your payment for the Services.
(iii). Inform you of new products and services available from Us if you have expressly opted in to receive such information
(iv). We will not pass on your personal information to any other third parties without first obtaining your express permission.
25). Other Important Terms
a). We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
b). You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
c). The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
d). If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
e). No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
26). Governing Law and Jurisdiction
a). These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
b). As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
c). Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.