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Terms & conditions


Definitions:
The Company means Projectiv Limited and any sub-contractor for the company.

On-site training/course means educational courses offered by Projectiv Limited for an individual corporate customer at a location specified by the customer.

Public course means educational courses offered by Projectiv Limited at locations specified within the full course schedule as detailed on the website.

Consulting means professional advice offered by Projectiv Limited at locations specified by the customer.

Customer means the person, firm or corporation identified as enrolling a Delegate on a Training course by way of a relevant written confirmation of enrolment or procuring Projectiv Limited’s Consultancy services.

Confirmation means a legally binding contract instructing Projectiv Limited to invoice the Customer.

Delegate means a person attending a Training course or On-site course or workshop.

Course Materials means any documentation, listings instructions and statements in either machine-readable or printed form.

Working Day means every day of the week excluding Saturday, Sunday and UK statutory holidays within the hours of 9am-5.30pm.

General:
These conditions shall be deemed to be incorporated in all contracts and in the case of any inconsistency with any order or letter or correspondence sent by the Customer to Projectiv Limited or any other communication between the Customer and Projectiv Limited whatever may be their respective dates and the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of Projectiv Limited.

If Projectiv Limited chooses not to enforce any of the Conditions of these Conditions this shall not affect the rights of Projectiv Limited under the remainder.

If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the contract the other Conditions shall continue in full force and effect.

Warranty:
Projectiv Limited warrants that all Public and On-site Courses and Consulting supplied hereunder will be conducted in a professional manner in accordance with generally recognised practices and standards.

Projectiv Limited warrants that it will provide appropriately qualified and experienced instructor(s) and consultant(s) to deliver Projectiv Limited Public and On-site courses and Consulting using suitable materials, including course materials.

Projectiv Limited warrants that it will not knowingly include any copyright material in its Course Material without a license or without the consent of the copyright owner.

Projectiv Limited warrants that all personnel provided by Projectiv Limited are contracted to Projectiv Limited.

Extent of Services:
Projectiv Limited reserves full control of how its personnel will carry out its professional training.

The contents of course schedules are intended for general guidance only and do not form any part of a contract and Projectiv Limited reserves the right to make any reasonable variations to the Public and On-site Courses (including the content of the courses) without notice.

Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Projectiv Limited shall be subject to correction without any liability on the part of Projectiv Limited.

All Public and On-site Courses are delivered solely in the English language (unless otherwise agreed in writing) and all Delegates must be sufficiently proficient with the English language before attending a Public Course.

In normal circumstances, a provisional booking will be held on Projectiv Limited’s booking system for no more than 24 hours.

Authorisation and Obligations of the Customer:

All bookings for Public, On-site Courses or workshops must be supported by written confirmation or completion of the Agilica booking form.

The Customer certifies that unless otherwise notified to and agreed with Projectiv Limited all Delegates attending a Public, On-Site course or workshop are employed directly by the customer.

In all cases the Customer undertakes to bring these terms and conditions to the attention of the Delegates attending a course or workshop. Delegates should be suitably qualified and experienced to attend the event in accordance with the published prerequisites.

Fees/Charges:

Prices quoted exclude Value Added tax (VAT) or other sales taxes which will be added at the current rate. VAT is payable in accordance with the prevailing tax treatment in the United Kingdom; the point of supply for VAT purpose is the location of the course.

The published prices do not include any travel, accommodation or living expenses which the delegate may incur when attending the course.

For Public Courses, prices are inclusive of tuition, examination fees, course materials, refreshments and the reasonable use of materials, publications and machines (where applicable) by the Delegate for the period of the Course.

For On-Site Courses, prices include tuition and course materials. For examination based courses there is an additional charge per delegate, for examination fees, licensed materials and accreditation fees. For courses held overseas there is no VAT payable.

Projectiv Limited reserves the right to charge interest on late payments at 5% over bank base rate.

Payment Terms:

For Public scheduled courses and unless otherwise advised by Projectiv Limited, fees are payable by the purchaser at the time of the order or receipt of the complete booking form. Projectiv Limited will issue an invoice of confirmation.

The course fees including VAT must be paid as a minimum 20 working days before the course start date otherwise we reserve the right to refuse the delegate entry to the course. Payment can be made through PayPal or BACS transfer.

Training purchased on a prepayment basis (i.e. an advance payment for a specific amount of training either in terms of value or number of days) must be booked and attended within twelve months of the date of the invoice for the prepayment.

Customers wishing to make payment from non- UK accounts must be responsible for all charges levied by the customer’s bank and any levied by Projectiv Limited’s bank in accepting this specific transaction. All fees are invoiced in GBP Sterling and should be settled in this currency.

Any late payments are subject to a late payment charge at the rate of 5% over the bank base rate.

For On-site or Corporate bookings, a Purchase order number must be provided with the booking confirmation form. On receipt of this, an invoice will be raised and payment must be made within 30 days of this date.

We reserve the right to withhold examination results and certificates until full payment has been made.

 

Cancellations, Transfer and Substitution Policy

Public Course: Unless written cancellation is received at least 20 workings days before the start of the course, the fees including VAT are payable in full and non-refundable. Notification of all cancellations must be made by email to enquiries@agilica.com.

If a course booking is made less than 15 working days in advance of the start date of the course, the above cancellation terms will still apply with fees payable and non-refundable.

The Customer may substitute a Delegate on a Public Course upon notification of at least 20 days before the course start date at no additional charge. This is however subject to the new Delegate complying with course requirements (including pre-requisites and Pre-course reading) as notified by Agilica or detailed in the course outline.

If the Consumer Protection (Distant Selling) Regulations 2000 apply, you shall have the right to cancel a booking without any liability within 7 working days of date of Agreement provided that Services have not commenced and are not due to commence in this period. Except as provided under this clause, cancellation and/or re-scheduling fees below shall apply to cancellation or re-scheduling of any course unless the order is made and paid for over the internet in which case it is not cancellable as Services are defined as dispatch of the Course Manual and access to Pre-course materials through the Agilica Learning Management system. Agilica shall issue a supplementary fee invoice to cover course materials and administration for such cancellation and/or re-scheduling fees and full payment shall be made to Company within 15 Working Days of date of that invoice.

In the event of sickness backed by a General Practitioner signed note, one free rescheduling of the course will be allowed following which all terms and conditions associated with cancellation and rescheduling will apply.

Projectiv Limited reserves the right to cancel or change a Public or On-Site Course and undertakes to provide reasonable notice of the cancellation or change except in an emergency. In these circumstances, the customer will be entitled to a refund of any fee paid to Projectiv Limited in the event of a cancellation or any change to the course date or significant change in venue but shall not otherwise be entitled to compensation, costs or damages arising from such a cancellation.

Cancellation refund schedule if made by delegate attending open course:

15-11 Working days before course start 10-6 Working days before course start 5-0 Working days before course start
Cancellation of course Rescheduling of course Cancellation of course Rescheduling of course Cancellation of course Rescheduling of course
50% of course fees 25% of course fees 75% of course fees 50% of course fees 100% of course fees 100% of course fees

Transfer fees: For bookings on Public Courses rescheduled more than 15 days from the course start date, there will be an administration charge of £45 (+VAT) for each transfer made by The Customer to a Public Course scheduled to an alternative date.

On-site Course: If an On-site course booking is cancelled the following will apply:

  • More than 28 days prior to start date – No charge
  • 28-14 days prior to start date – 50% of total Course Fee
  • Fewer than 14 working prior to start date – 100% of total Course Fee

Pre-Course Manuals and Materials already dispatched will be charged for include whether the training is to be held at the client specific site or at Agilica premises.

On-site training at Client Specified Site: It is the customer/client’s responsibility to provide and ensure all facilities, equipment and set up required for the trainer to be able to deliver the training. Projectiv Limited reserves the right to discontinue or cancel the course if, in the Trainer’s opinion, the venue or conditions are unsuitable.

Non-Attendance:

Non-attendance of any course for any reason whatsoever is deemed to be a cancellation with no notice and payment is due in full.

Refunds:

In the exceptional case where a refund is made to the customer by Projectiv Limited, the refund may take up to 20 working days to be processed. Refunds will be processed using the same payment method that the original payment was made.

Prerequisites and Admission:

Projectiv Limited reserves the right to refuse or curtail the provision of training services if a Delegate or substitute Delegate attending on behalf of the Customer fails to satisfy the requirements of the course as published.

Projectiv Limited reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to Projectiv Limited premises or to remove any such person after the commencement of the course.

Copyrights:
Copyright and all intellectual property rights for all Course Materials shall remain the property of Projectiv Limited or the trading partner of Projectiv Limited responsible for developing that course; except where materials development has been paid for by the client.

The Customer agrees not to reproduce, sell, hire or copy Course Materials (in whole or in part) and not to use such materials except for the purposes of post course or personal reference.

Assignments:
Projectiv Limited will not assign all or part of its interest in this Agreement without prior written approval with the Customer. The Customer may not assign or transfer this contract or any interest therein or claim there under without the prior written approval of Projectiv Limited.

Force Majeure:
Projectiv Limited shall not be in breach of this contract if the provision of its services are delayed, cancelled or reduced through any circumstances beyond its reasonable control including any act of God ( including but not limited to fire, flood, earthquake, storm, snow, hurricane or other natural disaster) sickness, war, invasion, act of foreign enemies, hostilities ( regardless of whether war is declared) civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

Delegates must ensure they can attend the training course which they are scheduled to attend. Agilica will not be held liable, financially or actually, for their non-attendance, whatsoever the reason may be.

Limits of Liability:
The entire liability of each party 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.

Neither party will accept liability for death or personal injury.

Neither party will 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

Neither party will be responsible for any damage resulting from any computer viruses arising from software installed on customer computer systems.

Personal Belongings:

Personal belongings and items belonging to or in the possession of the Customer or Delegate brought onto Projectiv Limited premises are the sole responsibility of the owner and Projectiv Limited accepts no responsibility of the items or any loss or damage that may occur during the course.

Governing Law and Jurisdiction:

The validity construction and performance of these Terms and Conditions are for convenience only and shall not affect the construction thereof. Terms and Conditions are subject to English Law and Courts of London.