“Agreement” means these terms and conditions and (depending on the type of Training Service) (i) the Booking Form or (ii) the Proposal.
“Booking Form” means the booking form issued to the Client or Delegate by Simpleducks Ltd or obtained by the Client from Simpleducks Ltd.’s website.
“Charges” means the charges for the Training Services set out in the Booking Form or the Proposal.
“The Client” means the company or delegate identified in the Booking Form or the Proposal.
“Clause” means a clause in these terms and conditions.
“The Date(s) for the Training Services” means the date(s) upon which the Training Services are to take place as set out in the Booking Form or the Proposal.
“Delegate” means the members of the Client’s staff who are to receive the Training Services as set out in the Booking Form or the Proposal.
“Expenses” means the expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.
“Simpleducks” means Simpleducks Ltd
“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Simpleducks Ltd by the Client.
“Proposal” means the proposal for Training Services accompanying these terms and conditions (which is applicable only for bespoke Training Services).
“The Trainer” means the person delivering the Training Service.
“The Training Location” means the place at which the Training Services are to be held.
“Training Services” means the training requirements set out in the Booking Form or the Proposal.
TRAINING SERVICES AND LOCATION
Simpleducks Ltd shall provide Training Services in accordance with these terms and conditions.
Up until 72 hours before the Training Service is due to commence, Simpleducks Ltd may, by notice in writing, alter the Training Location provided that the new location is within 5 miles of the original.
TRANSFERS, CANCELLATION AND POSTPONEMENT
If a delegate identified in a Booking Form or a Proposal wishes cancel a booking, the following fees shall be due:
|Days’ notice of cancellation prior to the commencement of the Training Services||% Charges to pay|
|Less than 7 Days (0-6 days)||100%|
|7- 14 days||75%|
|15 – 21 days||50%|
|22 days and over||0%|
If a delegate identified in a Booking Form or a Proposal wishes transfer from a course, the following fees shall be due:
|Days’ notice of transfer prior to the commencement of the Training Services||% Charges to pay|
|0-3 days’ notice||100% less literature costs|
|4 days - and over||£50 + VAT transfer fee|
A substitute delegate may be provided at no cost.
Notification of any cancellation or transfer must be made in writing to the Training Manager at Simpleducks Ltd
5 Meadvale Road, Ealing, London, W5 1NS or via email email@example.com
Simpleducks Ltd reserve the right to cancel, alter or rearrange courses without liability and as they deem necessary. In such an event, attendees will be offered alternative courses or a full refund.
Any transfers when the date is still to be confirmed will only stay valid for 6 months from the date of the transfer, after 6 months the booking will be cancelled and will be fully payable unless otherwise agreed.
Purchases made from REED.co.uk
Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a "Cancellation Period". Note that if you redeem your voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it."
Delegates are required to attend all sessions, since without full attendance the certificate will not be awarded.
Delegates must attend the full set of course sessions in the correct order, to achieve the necessary learning objectives to qualify for the certificate. If this is not possible then the delegate must enrol on a new course and retake the full course.
If this is not possible due to extenuating circumstances (for example, bereavement or certified illness), the delegate may enrol on a new course to complete the missing days to ensure consistency of the course delivery. Simpleducks must request authorisation from the Awarding Body of the qualification to enrol a delegate on to a new course, the Awarding Body may refuse the request and it is not open to appeal.
Extenuating circumstances do not include work-based issues such as workload or holidays.
Under no circumstances may a delegate be allowed to sit compulsory examinations unless all days have been attended.
No delegate will be allowed to attend more than two courses of split attendance.
Delegates unable to complete the course due to certified sickness or extenuating circumstances must complete all days of the course within 90 days of the last day of attendance.
Attendance requirements are not subject to appeal, the requirements are set by the Awarding Organisations and Simpleducks must adhere to them to meet and retain accreditation with an Awarding Organisation.
Refresher course attendance:
Only those delegates who have passed the original course or subsequent refresher and provided evidence to the Simpleducks before attending the course, are eligible to attend a one- or two-day refresher course.
Delegates who fail to attend a one- or two-day refresher course prior to the expiry of an existing certificate will be required to complete the full course again if they wish to remain certificated. This is not subject to an appeal. Where there is no refresher, delegates will be required to undertake the original course again at the full cost of the original course
Delegates attending a refresher course will not be certificated if the entry criteria have not been met.
CITB SITE SAFETY PLUS COURSES SPECIFC – DELEGATE NUMBERS ON A COURSE
Simpleducks Ltd are bound by the scheme rules of CITB for Site Safety Plus courses and cannot deviate from the scheme rules. The scheme rules are not open to appeals. Any deviation from the scheme rules will result in Simpleducks Ltd losing CITB Site Safety Plus accreditation.
CITB scheme rules for Site Safety Plus courses; Site Supervisor Safety Training Scheme, Site Managers Safety Training Scheme and refresher courses state there must be a minimum of four delegates on a course for the course to run and a maximum of twenty delegates. For Health, Safety and Awareness courses the minimum is three delegates and maximum number of delegates is twenty.
If delegate numbers fall below four on the first day of training WJB Training will cancel the course and delegates offered a place on another course with WJB Training and Consultancy.
These rules are outside of Simpleducks Ltd.’s control. No refunds are available for courses cancelled due to low numbers. If delegate numbers fall below four in the duration of a course Simpleducks will cancel the course and delegates will be offered to complete the remaining days of the course on another Simpleducks course within 90 days from the last day of the original course.
Delegates shall act reasonably throughout the training. Simpleducks Ltd may remove a delegate from a course, where, in the opinion of the Trainer, which shall be final, the Delegate is behaving unreasonably.
It is the delegate / bookers responsibility to ensure that if joining instructions have not been received to notify WJB Training & Consultancy no less than 24 hours before training is to commence.
CHARGES AND PAYMENT
The Charges for the Training Services which are subject to a Booking Form shall be due upon booking and shall be paid 21 days before the date of the course (unless otherwise agreed).
In the event of a transfer from one course to another the original course date will still serve as the date for payment.
The Client shall pay the Charges without deduction or set-off.
Sums due under this Agreement are exclusive of VAT which shall be payable by the Client.
In the event the Client fails to make payment in accordance with this Agreement, Simpleducks Ltd may:-
- Charge interest at the statutory interest rate specific in the Late Payment of Commercial Debt (interest) Act 1998; and/or
- Suspend supply of the Training Services by notice in writing until such time that full payment is received (unless otherwise agreed).
- Delay the release of certificates.
- Please note that when an individual invoice becomes overdue then it automatically defaults that the whole account becomes due for payment.
- In the event Simpleducks Ltd seek legal advice to recover any debt, all legal fees will be chargeable to the client.
WJB send all invoices via email and cannot be held responsible for invoices going to ‘spam’ or ‘junk’ items or another filtered inbox such as MS Outlook ‘other’. It is the delegate / bookers responsibility to notify WJB Training & Consultancy if they have not received their invoice within 24 hours of a booking being placed. All invoices are due within 30 days from the date of booking unless otherwise agreed prior to booking.
RESITS AND CERTIFICATION
Re-sits are available to delegates who do not pass examinations first time, but a re-sit fee will be charged in line with the accrediting body.
Simpleducks aim to post accredited certificates within 4 weeks of a course end date to the client who has booked the training unless agreed otherwise
In-house certificates will be provided in electronic format. A hard copy will only be provided upon request and a charge may be applied for hard copy in-house certificates.
It is the client’s responsibility to report to Simpleducks Ltd. they have not received an accredited certificate.
In the case of an accredited certificate not being received by the client Simpleducks will provide a copy certificate free of charge if it has been reported that a certificate has not been received within 8 weeks of a course end dates. After the 8 week period Simpleducks Ltd will provide a replacement certificate for a fee of £30+VAT, this is not open to appeal.
Certificates will be posted to the client who booked and/ or paid for the training unless otherwise agreed at time of booking. Delegates who require the original certificate or a copy of their certificate must seek it from whoever booked their training i.e. employer or broker. Hard copy originals can be obtained direct from the awarding body, delegates must contact the awarding body themselves.
LIABILITY AND ITS EXCLUSION AND LIMITATION
The Charges are determined on the basis of the limits and liability set out in these terms and conditions. The Client may, by written notice to Simpleducks Ltd, request Simpleducks Ltd to propose a higher limit of liability subject to an increase in the charge.
In no event shall Simpleducks Ltd be liable for (whether direct or indirect) any loss of contracts, profits, anticipated savings, revenue, goodwill, business loss and corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, nor for any indirect losses.
Simpleducks Ltd and the Client shall indemnify each other against damage to tangible property whether personal or real, and death or injury to persons to extent caused by the negligence of the other party provided that:
- The other party is immediately notified of any claim and has full power to negotiate and settle any claims.
- The total liability of each party to the other for damage to tangible property, whether personal or real, shall be limited to £1,000,000 in respect of each event or connected series of events and an annual aggregate of £2,000,000.
Each provision of this Clause shall survive independently.
The Clause shall apply before and after any termination of this Agreement.
Simpleducks Ltd liability shall not exceed charges.
Nothing in this Agreement shall operate to limit or exclude any liability of Simpleducks Ltd which may not be excluded and or limited by law.
In the case of In-House Training, the parties shall carry public liability insurance for a minimum amount of £1,000,000 for each and every claim and shall provide evidence of this cover upon request.
Simpleducks Ltd may make reference to a Clients contract within any proposal to further Clients, provided only fundamental facts are divulged and not proprietary and confidential information.
Simpleducks Ltd may store the names of the Delegates for the purpose of advising them of the availability of further courses in the future.
The Client shall ensure that it has in place all necessary consents in connection with Personal Data to allow Simpleducks Ltd at all times to perform the Training Services without infringing any third party rights.
Simpleducks Ltd warrants to the Client that it will only use the Personal data for the purposes of carrying out its obligations hereunder and that it will ensure that all reasonable and appropriate security measures are in place to protect the Personal Data. Furthermore, Simpleducks Ltd will destroy or deliver up the Personal Data upon written demands from the Client, and further, that it has in all respects complied with its obligations under the Data Protection Act 1998 and any amendments to or re-enactments thereof.
To see the full details on our data protection policy download our pdf
All intellectual property rights, including copyright, patents and design arising in connection with this Agreement and shall belong to and remain vested in Simpleducks Ltd and the Client shall execute any document necessary for this purpose.
HEALTH AND SAFETY
The parties shall comply with all applicable health and safety legislation and codes of practice.
Either party may terminate this Agreement by written notice:
- If the other party makes any voluntary arrangement with its creditors or enters into administration (whether or not pursuant to a court order) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or is deemed under Section123 of the Insolvency Act 1986 to be unable to pay its debts or is dissolved and / or
- If the other party fails to remedy a material breach of the Agreement within 30 days of written notice identifying the breach and notifying of an intention to terminate: and / or
- If an encumbrancer takes possession, or a received or administrative received is appointed, of any of the property or assets of the party; and / or
- The other party threatens to cease to carry on business.
This Agreement is personal to the Client and may not be assigned by the Client in whole or in part.
Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement(other than the obligation to make payments of money) due to any force majeure event including, Act of God, refusal of license (other than as a result of any act or omission of Simpleducks Ltd) or other Government act, fire explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes industrial dispute, or any other cause beyond its reasonable control.
The Client shall not during the term of this Agreement and for 6 months thereafter, entice or solicit for employment with it or any other entity any Trainer or support staff who has been engaged to provide the Training Services.
This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Client and Simpleducks Ltd relating to the Training Services.
Any amendments to this Agreement shall be in writing.
This Agreement shall be effective upon signature by the parties or by returning a booking a signed booking
Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999 or any amendment to or re-enactment of it to enforce any provision of this Agreement.
This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
No offer or discount can be used in conjunction with another offer or discount, unless stated otherwise