DEFINITIONS

In these conditions the following words shall have unless the context requires otherwise the meanings set out opposite them

“The company” shall mean CBH Training Ltd.

“The customer” shall mean any person firm, company or organisation for whom the company agrees to perform the works;

“The works” shall mean all works specified in this document together with all work incidental thereto (and any part thereof) the subject matter of the contract as described in these conditions.

GENERAL

All contracts for the performance of the works by the company are made subject to these conditions of sale which supersede any earlier sets of conditions issued by the company. Any stipulations or conditions in the customer’s order form or other document delivered by the customer which would if applicable conflict with these conditions or in any way qualify or negative the same shall be deemed to be inapplicable to the company unless the same shall have been expressly agreed in writing in a document signed by a director of the company. No other servant or agent of the company has any authority to alter or qualify these conditions in any way.

Allowing the company to commence the works shall itself constitute an acceptance of these conditions where acceptance has not previously been communicated to the company.

QUOTATIONS

Quotations shall be available for acceptance (unless expressly stated otherwise) for a maximum period of 30 days from the date thereof and may be withdrawn by the company within such period at any time by written or oral notice.

TERMS OF PAYMENT

Unless the customer has been granted a credit facility in writing by the company all works will be invoiced on receipt of a written order. Payment will be due prior to the commencement of the works by BACs, Cheque or Credit/Debit card. Payment for online bookings are processed securely via PayPal, BACS or Credit/Debit card.

When the customer has been granted a credit facility by the company payment for the works shall be paid in full and received by the company within 14 days of the date of the company’s invoice. The company shall be entitled to submit its invoice upon completion of the works or at a time whilst the works are being carried out as agreed with the customer in writing prior to the commencement of work.

In the event of a default in payment by the customer the company shall be entitled without prejudice to any other right or remedy the company has under these conditions by virtue of the general law and without prior notice to suspend all further performance of any other contracts between the company and the customer and to charge interest on the amount outstanding at the rate of 4% above bank base rate from time to time in force throughout the period the amount is outstanding.

A cheque tendered by the customer in payment shall not be treated as payment until the same has been cleared. Where the customer has not been granted a credit facility and payment is not received prior to the commencement of the works it shall be deemed that the customer has cancelled the works without notice.

CANCELLATION

The Company reserves the right to vary, postpone or cancel the work where the occasion necessitates.

In the event that the Company cancels the work, the Company shall refund to the Customer all advance fees previously paid by the Customer in respect of that work or course.

Save as set out in the paragraph above, the Company accepts no liability if, for whatever reason, the work or course does not take place.

If the Customer cancels or postpones the work or course for whatever reason (other than through the default of the Company) the Customer will be liable to pay the following charges to the Company on demand:

Working Days Notice of           Postponement     Cancellation

More than 10                          0%                       0%

6-10                                        50%                     75%

0-5                                          100%                   100%

Any postponement for a period longer than 14 days shall be deemed to be a cancellation.  All notices must be in writing and the effective date of such notice shall be the date such notice is received by the Company.  Such monies payable under this clause shall be paid forthwith and are accepted as a reasonable estimate of loss.

TRANSFERS AND SUBSTITUTIONS

Transfers and substitutions made by the customer may be made by email. Transfers to alternative training courses (either at a different time or an alternative training course) may be made up to 5 working days prior to the course. No attendance without written confirmation will be treated as cancellations on the day of the commencement of the works. Substitutions are permitted without notice.

LIABILITY

Whilst the company endeavours to ensure that the program is fully capable of carrying out the functions for which it is designed and that all reasonable care is taken in developing the program and writing the program documentation and providing service the company does not have the benefit or product liability in respect of the program and program documentation or indemnity insurance in respect of any advice given and in the circumstances SAVE where the company can be shown to have failed to exercise reasonable care in the development and/or supply of the program and program development or other material relating thereto and/or the provision or performance of service and such failure results in the death or personal injury THE COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY OTHER LOSS, INJURY OR DAMAGE OF ANY KIND WHATSOEVER whether resulting directly or indirectly from such failure or the company’s performance or failure to perform any of its obligations under this agreement and whether such loss is consequential or otherwise including without limitation loss or damage in respect of the program, program documentation, the use of the computer, the system or in respect of any other equipment or property or loss of profit, business, revenue, goodwill, data, time or anticipated savings.

CONFIDENTIALITY

Intellectual Property in work or course materials and all information given by the Company to the Customer and originated by the Company belongs to the Company and must not be infringed or prejudiced in any way by the Customer or its employees, agents or sub-contractors nor will any such party use or disclose it to any third party without the prior written consent of the Company.

EMPLOYMENT

To protect the legitimate business interests of the Company, the customer agrees that it shall not without the Company’s written consent either for the duration of this Agreement or for a period of 1 year from the date of the last training course provided by the Company pursuant to this Agreement solicit, entice away, deal with, accept training from or employ any employee or Contract Trainer employed by or contracted to the Company at the date of this Agreement.

NOTICES

Any Notice required to be given by either the company or the customer to the other shall be deemed to be properly served if sent by prepaid registered letter posted in the case of the company to its registered office and in the case of the customer to the location and any notice served shall be deemed to have been served 24 hours after the time of posting and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted.

WAIVER

Failure or neglect by the company to enforce at any time of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the company’s rights hereunder or in any way affect the validity of the whole or any part of this agreement nor prejudice the company’s rights to take subsequent action. Nor shall any express waiver be effective unless the same is made in writing signed by a Director of the Company and such waiver shall only operate as a waiver of the specific breach in question and shall not constitute a waiver of any future breach.

ENGLISH LAW

The agreement shall be governed and interpreted according to English Law and the company and the customer hereby submit to the jurisdiction of the English courts.