All contracts for the sale of products or services made by Chartwise (UK) Limited ‘Chartwise’ (registered in England and Wales no. 7375422) are deemed to include these terms and conditions of sale (the terms), which shall prevail over any other document or communication between the parties unless otherwise agreed in writing. For the purposes of this document the term ‘product’ shall include any third-party equipment or consumables provided by Chartwise, the term ‘services’ shall include all work carried out by any representative of Chartwise including any training, advice, suggestions, notes and any other information by any medium, the term ‘client’ shall mean any company, partnership, association or individual entering into a contract for the purchase of products or services from Chartwise.
1 – Definitions and Interpretation
1.1 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.1.1 “these Terms and Conditions” is a reference to the Terms and Conditions as presented in this document and each of the schedules as amended;
1.1.2 a Clause or Sub-Clause is a reference to a Clause in these Terms and Conditions; and
1.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.3 Words imparting the singular shall include the plural and vice versa.
1.4 References to any gender shall include the other gender.
2 – Training Instructor
2.1 The Instructor is a qualified instructor approved by the relevant authority/awarding body for providing specific training to the approved standards, when providing tuition under these Terms and Conditions.
3 – Training Courses
3.1 Training Courses shall be scheduled by Chartwise to meet client demand and the schedule shall be posted on the company website and in the Chartwise office. Chartwise reserve the right to cancel or postpone a course, although every effort will be made to avoid this situation. In the event of any course not being booked to fully booked we reserve the right to take further bookings up to the capacity of the course. In the event that a course is cancelled a full refund will be given if the course has not already started. In the event that a course has started but cannot be completed Chartwise reserve the right to supply a proportional refund or if the client agrees alternative dates selected to complete the course.
3.2 Cancellation by the Client – If the client wishes to cancel a booking the following terms apply:
a. Cancellation 30+ days before course commencement – Full Refund
b. Cancellation 10 – 29 days before course commencement – Deposit non-refundable
c. Cancellation within 10 days of course commencement – Full Fees Payable
3.21 Amendment by Client – During the cancellation period, any alterations to the booking requested by the client may result in additional administration charges. The amount charged will vary depending on the changes required however will not exceed costs of £50 + VAT. Any such alterations will not impact the terms and conditions set out for cancellation and the original course commencement date will continue to be used for calculating any refunds owed from cancellation.
3.3 Failure to attend – If the course on which a delegate has been booked has not yet started, the client will have the option to name a substitute delegate. If a course has already commenced and a delegate is unable to attend due to genuinely unavoidable reasons, alternative dates may be offered to complete the training however the full fees are payable without exception.
3.4 Late Arrival – It is up to the delegate to ensure that they arrive at the nominated time to allow the course to start promptly. If for whatever reason a delegate arrives late, the course instructor reserves the right to refuse entry and the delegate will be liable for any costs associated with additional training to complete the course.
4 – Fees and Payment
4.1 Fees are valid for 30 days after quotation and subject to VAT. Some courses will include fees for upload, examination and certification; these will be shown clearly on the invoice. Course fees are fully inclusive of all administration costs, course notes and training notes.
4.2 Payment Terms – To reserve a place or places on a course, a deposit payment must be made on booking. The deposit for individuals shall be £20+VAT for each day booked. For group bookings the deposit is £100 + VAT. Full payment is required no later than 10 days prior to commencement of the course.
4.3 Offsite Training – If a client requires training at their premises then travel expenses for instructors and/or assessors will be charged at £0.51 per mile. For all venues more than 75 miles from the Chartwise base location an overnight stay and subsistence will be required. This will be agreed with the client at the time of the booking and any liability for cancellation of the accommodation or training venue will be the responsibility of the client.
5 – Property of Chartwise
All equipment and training materials are the property of Chartwise. All such materials are copyright protected and no copying or publishing is permitted without written permission from Chartwise.
6 – Insurance
Chartwise carries public liability insurance up to £5,000,000 for any one incident. Clients requiring training at their site are required to carry employers’ and public liability insurance which includes training activities to cover the trainer and the delegates.
7 – Health and Safety
7.1 The client is required to ensure compliance with any legislation, regulation, code of practice of guidance laid down by the HSE with regard to suitability of the premises to hold training courses, examinations and assessments.
7.2 Prior to the commencement of the course, Chartwise will carry out an inspection* of the client’s training facilities to ensure compliance with accreditation or examination bodies requirements.
*Charges for time and mileage will apply. Alternatively, it may be possible for the client to complete the inspection themselves. For this, a self-assessment form may be necessary. The requirements set out in this document fully conform to all relevant external training standards, and in demonstrating suitability the client may be asked to produce evidence.
8 – Disclaimer
Chartwise will not be liable for any loss, damage, injury of any kind whatsoever arising from or as a result of any training courses undertaken, however caused to the client, employee of the client or any third-party, by any act, default or omission except insofar as such liability cannot be excluded by law.
9 – Data Protection
Chartwise shall not share the personal data of the delegates with any third-parties for any reasons without the prior consent of the delegate. Where such information is required by the accreditation authorities, delegates will be required to give their consent by signing the relevant course paperwork. Such data will only be collected, processed and held in accordance with the instructors’ rights and obligations (as applicable) arising under the provisions and principles of the Data Protection Act 1998.
10 – Force Majeure
Chartwise shall not be liable to the client for non-performance or delay in performance of any of its obligations under these terms or loss or damage of any products due to acts of God, war, riot, civil commotion, embargo, strikes, fire, theft, delay in delivery or services of sub-contractors or sub-suppliers, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified) outside the reasonable control of Chartwise.
11 – No Waiver
No failure by the instructor to enforce any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such a failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
12 – Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
13 – Law and Jurisdiction
13.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
13.2 Any dispute, controversy, proceedings or claim between the parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.