| 1. |
Application
| 1.1 |
These Terms and Conditions shall apply to the provision of Services by the Supplier to the Client. |
| 1.2 |
In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Student/Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing. |
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| 2. |
Definitions and Interpretation
| 2.1 |
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| ‘Business Day’ |
means a day (excluding Saturdays) on which banks generally are open for the transaction of normal banking business (other than solely for trading and settlement in Euros); |
| ‘Student/Client’ |
means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier; |
| ‘Commencement Date’ |
means the commencement date for the agreement as set out in the Schedule; |
| ‘Fees’ |
means the fees payable by the Client under Clause 4 in accordance with the Terms of Payment; |
| ‘Services’ |
means the services to be provided by the Supplier to the Client as set out in the Schedule; |
| ‘Supplier’ |
means Wise Global Training Limited; and |
| ‘Terms of Payment’ |
means the terms of payment of Fees as set out in the Schedule. |
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| 2.2 |
Unless the context otherwise requires, each reference in these Terms and Conditions relates to:
| 2.2.1 |
‘writing’, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means; |
| 2.2.2 |
‘a statute’ or a provision of ‘a statute’ is a reference to that statute or provision as amended or re-enacted at the relevant time; |
| 2.2.3 |
‘these Terms and Conditions’ is a reference to these Terms and Conditions and any Schedules as amended or supplemented at the relevant time; |
| 2.2.4 |
a ‘Schedule’ is a schedule to these Terms and Conditions; and |
| 2.2.5 |
a ‘Clause’ or ‘paragraph’ is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule. |
| 2.2.6 |
a ‘Party’ or the ‘Parties’ refer to the parties to these Terms and Conditions. |
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| 2.3 |
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. |
| 2.4 |
Words imparting the singular number shall include the plural and vice versa. |
| 2.5 |
References to any gender shall include the other gender. |
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| 3. |
The Services
| 3.1 |
With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the Services to the Student/Client. |
| 3.2 |
The Supplier will use reasonable care and skill to provide the Services. |
| 3.3 |
The Supplier shall use all reasonable endeavours to complete its obligations under these Terms and Conditions, but time will not be of the essence in the performance of these obligations. |
| 3.4 |
The course material is in English and it is for the Student/Client to ensure they are proficient enough, in both written and spoken English, to complete the course to their satisfaction. |
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| 4. |
Fees
| 4.1 |
The Student/Client agrees to pay the Fees in accordance with the Terms of Payment. |
| 4.2 |
The Student/Client will pay the Supplier for any additional services provided by the Supplier that are not specified in the Schedule in accordance with the Supplier’s, then current, applicable daily rate in effect at the time of the performance or such other rate as may be agreed. Any charge for additional services will be supplemental to the amounts that may be due for expenses. |
| 4.3 |
All sums payable by either Party pursuant to these Terms and Conditions are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable. |
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| 5. |
Payment
| 5.1 |
All payments required to be made pursuant to these Terms and Conditions by either Party shall be made prior to any services being provided by the supplier. Upon agreement between the Supplier to provide services and the Student/Client to purchase the aforesaid services, an invoice in Pounds Sterling for the agreed amount will be issued, and payment will have been cleared in our UK bank before the supply of services will commence. This to be done without any set-off, withholding or deduction except such amount (if any) of tax as that either Party is required to deduct or withhold by law. |
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| 6. |
Refunds and Cooling Off Period
| 6.1 |
The Student/Client has the right to cancel, for whatever reason, within seven days of originally placing an order. Placing an order can mean confirmation being received of the order in writing; the issuing, verbal or otherwise, of a purchase order number or reference; or payment being made for courses.Where payment has been made, a full refund of all fees paid by the Student/Client will be made as quickly as is practical. Refunds will be made by countering the original payment method used by the Student/Client.If a cheque was originally used to pay for the services, a company cheque made out in favour of the original payee will be issued once the original cheque has cleared in the company’s bank account.
If a credit or debit card was originally used, a credit will be issued against the original credit or debit card once the funds have been credited in the company’s bank account. It has to be pointed out that it can take up to 30 days for the credit card company to credit the company’s account with the funds which will impact on how quickly we can respond. We will endeavour to monitor such situations and keep the Student/Client informed accordingly.
Any application for a cancelation and/or refund must be received in writing by the company within seven days of the order being placed. |
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| 7. |
Variations and Amendments
| 7.1 |
We reserve the right to change the content of, and the availability to, course content at any time as set by the awarding body. |
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| 8. |
Registrations and Examinations
| 8.1 |
The Student/Client will be responsible for notifying the Supplier of their chosen examination location and date at least eight weeks before the examination date. (NEBOSH only) |
| 8.2 |
Should the Student/Client wish to sit their examination at a test centre other than the one arranged by the supplier, then the Student/Client will be responsible for making their own registration arrangements and for any additional fees payable. (NEBOSH only) |
| 8.3 |
Should the Student/Client wish to sit their examination on a date outside the suppliers scheduled examination dates, then the Student/Client will be responsible for making their own registration arrangements and for any additional fees payable. (NEBOSH only) |
| 8.4 |
Other than in 8.2 and 8.3 above, the Supplier is responsible for the registration of the Student/Client with the appropriate awarding body where applicable. |
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| 9. |
Licence to use the eLearning Service
| 9.1 |
Each purchase of our eLearning service provides a single user license for which the Student/Client will be provided with a unique ‘username’ and ‘password’. |
| 9.2 |
Each license has a predicted life span (dependant on the course) after which time access to the course material will be terminated. |
| 9.3 |
Each license allows the Student/Client access to the course material 24 hours per day and 365 days per year. |
| 9.4 |
Each license allows the Student/Client access to personal tutor support via e-mail. |
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| 10. |
Termination
| 10.1 |
The Supplier may terminate the agreement immediately and without refund if the Student/Client is in breach of any of his obligations hereunder;
| 10.1.1 |
the Student/Client fails to pay for the agreed services in the time agreed; |
| 10.1.2 |
the Student/Client conduct is regarded as inappropriate towards staff, other students, or on the forum/chat rooms |
| 10.1.3 |
the Student/Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all, or a substantial part of his undertakings or assets, prior to agreed payment being made by the Student/Client; |
| 10.1.4 |
the Student/Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986 prior to agreed payment being made by the Student/Client; |
| 10.1.5 |
the Student/Client ceases or threatens to cease to carry on business prior to agreed payment being made by the Student/Client; |
| 10.1.6 |
any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination of the service through no fault of the Supplier) arise that necessitate, for whatever reason, the termination of the provision of services prior to agreed payment being made by the Student/Client. |
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| 10.2 |
In the event of termination under sub-Clause 10.1 the Supplier shall retain any sums already paid to it by the Student/Client without prejudice to any other rights the Supplier may have whether at law or otherwise. |
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| 11. |
Liability
| 11.1 |
If the Supplier fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Student/Client. |
| 11.2 |
The Student/Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Student/Client, or his agents or employees. |
| 11.3 |
The Supplier shall not be liable to the Student/Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations if the delay or failure was due to any cause beyond the Supplier’s reasonable control. |
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| 12. |
Force Majeure
| 12.1 |
Neither the Student/Client nor the Supplier shall be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question. |
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| 13. |
Waiver
| 13.1 |
No waiver by the Supplier of any breach of these Terms and Conditions by the Student/Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given. |
| 13.2 |
No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege. |
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| 14. |
Severance
| 14.1 |
The Parties agree, in the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. |
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| 15. |
Copyright
| 15.1 |
The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright. |
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| 16. |
Notices
| 16.1 |
All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice. |
| 16.2 |
Notices shall be deemed to have been duly given:
| 16.2.1 |
when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or |
| 16.2.2 |
when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or |
| 16.2.3 |
on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or |
| 16.2.4 |
on the tenth business day following mailing, if mailed by airmail, postage prepaid.In each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party. |
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| 16.3 |
Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time. |
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| 17. |
Law and Jurisdiction
| 17.1 |
These Terms and Conditions shall be governed by the laws of England and Wales. |
| 17.2 |
Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales. |
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