1. GENERAL TERMS
These terms govern all training provided by Fronting the Challenge Projects Ltd (Thrive) to the exclusion of any terms imposed or proposed by you, the client. All communications, including joining instructions, will normally be sent to delegates by email.
So as to be clear, the following phrases shall have the following meanings in these Terms:
Course Start Date: the date upon which you receive your e-learning materials, your printed material or undertake shadowing (whichever is first) or, if none, the date of the first training session.
Commissioned Courses: Courses that are provided at your request for your nominated delegates.
Open-Access Courses: Courses open to Thrive members generally.
Once we confirm a booking, whether verbally or in writing (including email, letter & online confirmations) an agreement will be formed between us. The fee (together with VAT if appropriate) will then be invoiced with payment terms below.
4. PAYMENT TERMS
Commissioned Courses: Invoices will be issued in advance of the Course Start Date and payment is due within 30 days of the invoice date or the Course Start Date, whichever is sooner.
Open-Access Courses: Payment is due on confirmation of your order, and should be received by us at least 14 days prior to the Course Start Date. If the booking is made within 14 days of the Course Start Date, then payment needs to be made immediately.
Payment Method: Payment should be made directly to our bank account using the details on our invoice and quoting the invoice number. Cheques should be made payable to Fronting the Challenge Projects Ltd.
Late Payment: We reserve the right to withdraw any discount offered and/or to levy a late payment charge, calculated at the rate shown on the invoice, if payment is received outside these terms.
5.1 For Commissioned Licensed Practitioner course bookings, where the price agreed is based on a set number of delegates (cluster), we reserve the right to charge you a Cancellation fee in the event that you cancel or postpone the provision of our Services prior to the Course Start Date, or during the course of training, as set out in this table.
|Notice provided||Cancellation Fee|
|Before course dates are set:||No Charge|
|After course dates are set:||100% of Fee|
5.2 For all other bookings, we reserve the right to charge you a Cancellation Fee in the event that you cancel or postpone the provision of our Services prior to the Course Start Date, or during the course of training as set out in this table.
|Notice provided||Cancellation Fee|
|Less than 15 days’ notice:||100% of Fee|
|15-28 days’ notice:||50% of Fee|
|Over 28 days’ notice:||No charge|
5.3 Cancellation must be provided in writing either by post or email and the time is calculated from the time we receive the notice. Emails received after 5 pm or on non-working days are deemed received on the next working day. Emails must be sent to email@example.com
5.4 There are no refunds for delegates who fail to attend. If you alter the size of a Commissioned course this may alter the fees payable.
5.5 Delegates may be substituted at any time prior to the Course Start Date. Delegates substituted after the start of a course will incur an administration and additional training fee.
5.6 In the event that delegates miss one or more days of training and require the scheduling of additional sessions, an administration and additional training fee will be charged.
5.7 Thrive reserves the right to exclude a delegate from training, at any stage, in the event that, the preparation, behaviour or condition of the delegate, in the opinion of the trainer in charge, is not appropriate or conducive to the training concerned. The delegate concerned may appeal the decision through the complaints process.
5.8 We sometimes run competitions to win free entry to our courses. In the event that you win free entry to a course that you have already booked, your right to cancel under this clause 5 shall not apply. Any free entries can only be used in addition to any previously booked courses.
6. COURSE CHANGES
The location and date of the course will normally be as advised at the time of booking. Thrive reserves the right to:
6.1 improve the specification and format of its courses without notice;
6.2 change the Trainers assigned to a course without notice;
6.3 change the location of the course but will advise the delegates as soon as possible; and
6.4 cancel or reschedule any course and will advise the delegates as soon as possible. Thrive will use all reasonable endeavours to avoid cancellation or rescheduling. When cancellation is unavoidable, Thrive will refund, in full, all monies paid, or at your option, apply all monies to a rescheduled or alternative course.
7. FORCE MAJEURE
Thrive shall be entitled to delay, cancel delivery or to reduce the training delivered if it is prevented from, hindered in or delayed in the provision of Services through any circumstances beyond its reasonable control including, but not limited to, strikes, lock-outs, accidents, war, governmental actions, national emergency, acts of terrorism, protests, riot, civil commotion, explosion, flood, epidemic, fire, reduction in or unavailability of power or break-down of equipment.
8. WARRANTY AND LIABILITY
8.1 You accept that it is your responsibility to verify that each of your delegates have the necessary level of competence to be able to achieve the objectives of the course. Thrive’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. Thrive will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
8.2 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English Law.
In line with our quality assurance processes, we moderate assessments completed during Thrive training courses to ensure that the appropriate standards are maintained. It may be, as a result, that you are asked, over a reasonable period, to complete some blended learning, carry out an exercise on Thrive-Online or some other activity.
You acknowledge that the copyright and all other intellectual property rights in all course materials shall remain the sole and exclusive property of Thrive. You undertake that you will not copy or permit the photocopying of course materials, nor disclose, permit the disclosure, sell or hire the same to third parties, nor use the same for running your courses, except those licensed by Thrive.
No statement, description, information, warranty, condition or recommendation contained in any marketing materials, price list, advertisement or communication or made verbally by any of the agents or employees of Thrive shall be construed to enlarge, vary or override in any way any of these terms and conditions.
During the term of any contract, and for a period of 12 months thereafter, the you will not directly nor indirectly employ or solicit for employment any members of Thrive’s then current personnel. In respect of any breach of this Clause, Thrive, in addition to any other remedies available in this Agreement or at law, shall be entitled to recover from you liquidated damages of 75% of the gross annual salary of the member of Thrive employed or solicited for employment being a genuine pre-estimate of the lost revenue and the costs of recruiting and training a replacement.