Terms & Conditions
1 DEFINITIONS
1.1 "Agreement” means these terms and conditions, together with the Order Form;
1.2 "Client” means the person or organisation named in the Order Form as the client;
1.3 "College” means the Board of Management of Banff & Buchan College;
1.4 "Course” means the course detailed in the Order Form; "Course Fee” means the fee for the Course for each Delegate, as detailed in the Order
1.5 Form; "Course Venue” means the location detailed in the Order Form;
1.6 "Delegate” means the person(s) named in the Order Form, whom the Client has nominated for attendance on the Course;
1.7 "Environmental Information Regulations" means the Environmental Information (Scotland) Regulations 2004;
1.8 "FOISA" means the Freedom of Information (Scotland) Act 2002 and any subordinate legislation made under that Act from time to time, together with any guidance and/or codes of practice issued by the Scottish Ministers under such legislation;
1.9 "Order Form” means the form overleaf, attached to these terms and conditions and forming part of the Agreement;
1.10 "Training and Teaching Methods” means originals and copies of any and all of the methods and materials, in whatever media or form, provided or used by the College in the Course and all know-how and information provided by the College as part of the Course, as supplemented, adapted or modified by the College from time to time and includes any new methods and materials based wholly or partly on the content structure or ideas contained in such methods and materials.
2 DELEGATES
2.1 The Client will provide the College as far in advance as possible with details of any disability, learner support need or health assistance required that the College should know about in relation to each Delegate in so far as it impacts upon that Delegate’s ability to attend and continue the Course. If the Course involves physical activity, the Client will ensure that Delegates are physically fit and free from respiratory or heart disease. If requested by the College, the Client will ensure that there is provided to the College a current medical certificate confirming fitness prior to commencement of the Course. The College may exclude or suspend from the Course a Delegate that the College considers to be unfit or who would not be able to participate in the Course in a safe manner.
2.2 The Course is available to the Delegates named overleaf. The Client may substitute Delegates on the Course where it has informed the College in writing with details of the substitute prior to commencement of the Course.
2.3 Delegates must be able to read and understand oral instructions and be capable of making themselves understood (in writing or otherwise) in English unless this has been discussed with the College prior to the commencement of the Course and the College has been able to make alternative arrangements which it may charge to the Client if the arrangements involve additional costs.
2.4 The College may at any time during the Course exclude or suspend from attendance on the Course any Delegate who, in the opinion of the College, disrupts the Course or is disorderly or is otherwise frustrating the orderly provision of the Course. The Client will ensure that such Delegate no longer attends the Course following such exclusion or suspension. No refund of the Course Fee will be due in such circumstances.
2.5 The Client will ensure that each Delegate complies with the health & safety policy and security policy of the College, if notified to the Client prior to or during the Course.
3 PROVISION OF COURSE
The College will provide the Course at the Course Venue and on the dates and during the times detailed overleaf. Times and dates may be subject to change provided the College has notified the Client at least 7 days prior to the commencement of the Course of the new times and dates. The Course Venue may be subject to change provided the College has notified the Client at least 7 days prior to the commencement of the Course of the new
location.
4 CERTIFICATION
If the Course involves certification, the relevant certificate in relation to the Course will not be issued to a Delegate unless a Delegate has completed all parts of the Course which the College (or where appropriate a relevant examining body) sets as the requirement for certification and to the standards required for certification. A certificate will not be issued whether or not certification standards have been achieved by the Delegate if the Client has not paid the Course Fee and/or relevant certification fee for that Delegate to the College.
5 TRAINING AND TEACHING METHODS
5.1 The Client will not, and shall ensure that each Delegate will not, use or copy the Training & Teaching Methods otherwise than as approved by the College for participation in the Course. All rights to any copyright and any other intellectual property rights in the Training & Teaching Methods belong to the College. The Client will not, and will ensure that each Delegate does not, disclose the Training & Teaching Methods to any third party for any purpose.
5.2 Prior to the commencement of the Course the College will notify the Client of any safety equipment and/or protective clothing and/or materials that are necessary for the Course. The Client will ensure that such equipment and clothing and/or materials are made available to Delegates for the Course. The College may at the commencement of the Course, or at any time during the Course, exclude or suspend from attendance on the Course any Delegate who, in the opinion of the College, does not have the appropriate safety equipment or protective clothing and/or materials or is not using such correctly such that the Delegate is acting in an unsafe manner to himself or others. The Client will ensure that such Delegate no longer attends the Course following such exclusion or suspension. No refund of the Course Fee will be due in such circumstances.
6 PAYMENT TERMS
6.1 The Client will pay the Course Fee for each Delegate. The Course Fee is exclusive of Value Added Tax which, if applicable, shall be paid in addition to the Course Fee. The Course Fee is only valid for the period of time set out in the College’s promotional literature for Courses.
6.2 Sums due under this Agreement will be paid by the Client within 7 days of the issue of an invoice by the College or prior to the commencement of the Course whichever date is sooner. All payments shall quote the College’s invoice number.
6.3 The College reserves the right to exclude or suspend from the Course any Delegate in respect of whom the Client has not paid the Course Fee.
6.4 The College reserves the right to charge interest on amounts not paid by their due date, on a daily basis, at the rate equivalent to 3% above the base lending rate, from time to time, of The Royal Bank of Scotland plc until payment is received in full.
6.5 Subject to Clause 7 (Cancellation) the Client will pay the Course Fee for each Delegate whether or not a Delegate attends the Course or fails to complete the Course.
7 CANCELLATION
7.1 The Course Fee remains payable in full notwithstanding cancellation by the Client or a Delegate unless notice of cancellation is received by the College:
7.1.1 more than 28 days prior to commencement of the Course in which case the College will
refund the Course Fee if paid; or
7.1.2 more than 7 days (but less than 28 days) prior to the commencement of the Course in which case the Client is liable to pay 50% of the Course Fee
7.2 Any amounts due under Clause 7.1 will be paid by the Client within 7 days of the issue of an invoice by the College.
7.3 The College may cancel or withdraw the Course at any time prior to commencement of the Course. It will notify the Client as soon as practicable if this happens and will refund Course Fees paid in respect of the Course.
8 ASSIGNATION AND SUB-CONTRACTING
The Client may not assign or sub-contract its obligations under this Agreement. The College may assign its rights and obligations under this Agreement and, where considered appropriate by the College, it may sub-contract the provision of the Course.
9 CONFIDENTIALITY
9.1 The College and the Client shall keep confidential the information of the other which is designated as "confidential” or which is by its nature clearly confidential obtained from the other and shall not divulge the same to any third party without the prior written consent of the other. However, the College may disclose any information where it considers it appropriate to do so pursuant to a disclosure request under the FOISA and/or the Environmental Information Regulations.
9.2 The College may refer to the Client by name, and may state that the Client is a customer of the College, in any marketing, advertising or other promotional material for the purpose of marketing and advertising the College or its courses.
10 FREEDOM OF INFORMATION
The Client acknowledges that the College is subject to the requirements of the FOISA and the Environmental Information Regulations and will assist and co-operate with the College to enable the College to comply with its disclosure obligations.
11 LIMITATIONS ON LIABILITY
11.1 Except in the case of death or personal injury caused by the College’s negligence, the College’s liability under this Agreement whether arising in contract, delict, breach of statutory duty or otherwise shall not exceed the Course Fee(s) paid to the College under this Agreement. The College is not liable to the Client for any losses, damages, costs or expenses of an indirect or consequential nature including loss of profit or any economic loss.
11.2 The College will not be liable under or deemed to be in breach of this Agreement for any delays or failures in the performance of this Agreement which result from circumstances beyond its reasonable control.
12 PRIOR AGREEMENT
This Agreement supersedes all prior agreements and arrangements between the College
and the Client relating to the Course.
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13.1
13.2
GOVERNING LAW & JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of Scotland.
The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.