Terms & Conditions

1.    Definitions

1.1 In these Conditions the following expressions shall have the following meanings:
1.2 “The Company” means SkillSolve.
1.3 “Services” means the services to be provided by the Company to the Client under the terms of the Contract and “Service” shall be construed accordingly.
1.4 “The Client” means the person, firm or company with whom the Contract is made by the Company, whether directly or indirectly, through an agent or factor who is acting for or instructed by the Client or whose actions are ratified by such person, firm or company.
1.5 “Company’s Premises” means the premises mentioned in the Contract or if not so mentioned means the Company’s premises at: The Core Business Centre, Milton Hill, Abingdon, Oxfordshire, OX13 6AB.
1.6 “Contract” means the contract between the Company and the Client under which the Services are to be supplied by the Company to the Client.
1.7 “Invoice” means an invoice submitted by the Company to the Client in respect of training Services or consultancy Services.
1.8 “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays”.

2. General

2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of any inconsistency with any order or letter, sent by the Client to the Company, the provisions of these Conditions shall prevail.

3. Obligation to Provide Services

3.1 No request for the provision of Services shall be binding on the Company unless and until it has been accepted in writing by the Client.
3.2 The Company will provide the Services as advertised or described the Quotation or Booking form.
3.3 Where the Services in question relate to the provision of training, the Company reserves the right to provide such Services at a venue or venues other than the Company’s Premises and to provide training personnel of its own choice.

3.4 The Company reserves the right to cancel, or re-schedule training courses or events without notice to the Client and without liability for financial penalty or compensation to the Client other than an amount limited to a refund of 100% of any course fees already paid by the Client in advance of the related course or event.

3.5 The Company reserves the right to refuse training Services if a delegate or substitute delegate attending on behalf of the Client fails to satisfy those requirements, or pre-requisites for such course, notified by the Company to the Client prior to the commencement of such course, without any financial compensation.

4. Prices

4.1 The price payable for the Services shall be stated in the Contract or Booking Form.
4.2 The course fee for one company on-site courses does not cover travel, meals or other related expenses.
4.3 All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.

5. Intellectual Property Rights

5.1 All written information, drawings, diagrams, videos, software copies of same and audio tapes prepared by the Company in relation to the provision of the Services and the copyright therein shall remain the exclusive property of the Company and shall be returned by the Client on demand. All such information shall be treated as confidential and shall not be copied or reproduced or disclosed to any third party without the prior written consent of the Company.

6. Confidentiality

6.1The Client shall ensure that its employees and all those under the Client’s control and supervision shall comply with the obligations of confidentiality contained at clause 5.1.

7. Payment Terms

7.1 Payment must be received 15 working days prior to the commencement of the Service.
7.2 If the Client books a training event which requires pre-study, payment will be required in full at time of booking, to enable the Company to send out the study materials.
7.3 Late payment of  invoices will be subject to a surcharge at the rate of 8% over the prevailing bank base rate.

8. Course Pre-requisites

8.1 It is the responsibility of the Client to ensure that the delegate(s) meet the pre-requisites of the event on which they are booked.

9. Limitation of Liability

Except in respect of liability for death or personal injury:
9.1 Where the Contract relates to the provision of Services the liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Services.

10. Force Majeure

The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or 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 at manufacturing point, break-down of plant or machinery, or shortage or unavailability of raw materials from normal sources of supply.

11. Cancellation & Rescheduling

11.1 The Contract may not be cancelled by the Client except by agreement in writing of both parties and upon the payment to the Company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.
11.2 The Client agrees to pay the Company a sum equal to the percentages set out in the table below for confirmed course bookings with  agreed dates:

Confirmed Bookings with    15 -11 Working Days before     10 – 0 Working Days before
Confirmed Dates                     Course Commencement             Course Commencement

Cancellation of Course        100%                                                   100%

Re-Scheduling of Course    50%                                                     100%

If a course is rescheduled, the invoice for the original course is due within the original payment terms and the rescheduled course will be charged at the relevant percentage detailed above.

11.3 The Client may substitute delegates at any time upon notification in writing to the Company subject to any new delegate complying with the requirements for the course as notified by the Company to the Client.
11.4  Non-attendance by a Client on any course for any reason whatsoever is deemed to be a cancellation with no notice and no refund will be made.

12. Sub-Contracting

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

13. Non-Solicitation

13.1 During the term of any contract, and for a period of 12 months thereafter, the Client will not directly nor indirectly employ or solicit for employment any members of the Company’s then current personnel.
13.2 In respect of any breach of Clause 15.1, the Company, in addition to any other remedies available in this Agreement or at law, shall be entitled to recover from the Client liquidated damages of 35% of the gross annual salary of the member of the company employed or solicited for employment.

14. Proper Law

The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Client and the Company agree to submit to the exclusive jurisdiction of the English Courts.

15. Waiver

No waiver by the Company shown or granted to a client whether in respect of these Terms and Conditions or otherwise shall in any way effect or prejudice the rights of the Company against the Client or be taken as a waiver of any of these Terms and Conditions.

16. Third Party Rights

Neither the Company nor the Client intend that any terms of this contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by anyone that is not a party to it.