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T&C's

Terms & Conditions effective from 01 January 2018

 

1. Definitions

In these Conditions the following expressions shall have the following meanings:
• “Capital” or “Capital Training Academy” or "Capital Training" means Capital Staffing Services Limited, 24 Southwark Street, London SE1 1TY.
• The “Client” means the person, company or other legal entity identified as providing a request to Focus to supply Services.
• “Services” means the goods or services to be provided by Capital to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by Capital
- Capital has confirmed to the Client that the course or other Services requested are available
- Payment has been received or alternative payment method agreed.
• “Contract” means the contract between Capital and the Client under which the Services are to be supplied by Capital to the Client
• “Training Provider” means the company delivering a course when this is not Capital
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays.  “Month” means a calendar month.  “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trade marks and confidential information.

2. Prices

The price payable for the Services shall be the list price of Capital Staffing Services Limited at the Confirmation Date unless otherwise stated.

The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.

All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.


3. Terms of Payment

Where the Services relate to the provision of a training course, payment by credit card, debit card or bank transfer is required no later than 2 Working Days before the course start date.  Special arrangements may be separately agreed in the case of late bookings.

 

4. Training Courses

Capital provides training in conjunction with selected Training Providers.  To the best knowledge of Capital these Training Providers are suitably qualified and accredited to deliver the training courses offered. 

The contents of course schedules are intended for general guidance only and do not form any part of a contract.  Capital reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.

The indication of course availability and location shown on the Capital website is for general guidance and does not form any part of a contract.  Please contact Capital before making any travel or accommodation arrangements as Capital will not be liable for any action that you may take in reliance on the information. 
 
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements. 
 
Capital will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.

Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.

For courses not exclusive to one Client, Capital and its Training Providers reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.

5. Course Duration

Course durations for classroom events are clearly stated on the website.

All classroom-based courses are run on working days only, unless otherwise stated.

6. Cancellation, Transfers and Substitutions with respect to Training Courses

Capital reserves the right to cancel or arrange an alternative date for a course.  In such circumstances Capital will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation, the Client will be entitled to a full refund of the course fee, but Capital shall not be liable for any other loss or expense arising.

The Client may cancel the course booking by notifying Capital in writing by recorded delivery as soon as reasonably practicable.  The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event.  The Client shall be liable to pay a cancellation fee as follows:
  
Scheduled Courses:

Number of Day Notice

Proportion of Course Fee

0 – 5 Working Days

50%

5+    Working Days

0%



In the event that the delegate is unable to attend the course booked Capital will endeavour to transfer the delegate to an alternative course.  If this is requested 5+ or more Working Days from the start date of the original course will be free of charge.

If the request is 5 or less working days, there will be a fee of £25

 *14-day refund policy for purchases through selected partners/third party advertising platforms, which does not apply to purchases directly through *Capital Staffing Services Limited *


7. Liability

Capital’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.

Capital shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.

8. Force Majeure

Capital shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.

If Capital is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Capital shall give written notice to the Client of such inability stating the cause in question. 


9. Data Protection and Confidentiality

The policy of Capital with respect to data protection is detailed in its web site legal notice which should be read in conjunction with these terms and conditions of contract.

Where Services are certified training courses, the Client consents to allow Capital full access to examination results arising from their bookings.  This information will be used in accordance with the requirements of relevant data protection legislation.  The data will only be used to evaluate effectiveness of training and to assist Capital in providing advice to its clients.

All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Capital, its Training Provider or others.

Where Services are distance learning products then the Client shall abide by all reasonable terms of any licence agreement applicable.

Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Capital.  The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.

Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Capital against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.

10. General

The Contract shall only become effective at the Confirmation Date.

Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Capital or its Training Providers shall be subject to correction without any liability on the part of Capital.

No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Capital.

Capital may assign or sub-contract the whole or any part of the Contract to any person, firm or company.

These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of Capital or its Training Providers.

The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.

These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

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