HSTC Training Ltd’ whose registered office is at 65 Whittlesey Road,
Stanground. Peterborough. PE2 8RN
Contract’ means the contract for the provision of Services by HSTC to the Client.
Client’ means the person, firm or company ordering or buying Services from HSTC.
Services’ means the subject matter of the relevant Order or Contract.
‘Intellectual Property Rights’ means any patent, copyright, design, trademark, service
mark or other industrial or intellectual property right.
Order’ means the written order sent by the Client for the supply of Services by HSTC
and includes purchase orders and faxes, e-mails and letters whether sent by post or
Terms’ means the terms and conditions set out in this document.
2. ORDER ACCEPTANCE
No contract between HSTC and Client shall exist until an order has been accepted in writing by HSTC. An acceptance by HSTC incorporates the Terms and the Client shall be deemed to have accepted the Terms unless the Client notifies HSTC in writing of any objections thereto within seven days of the date of the acceptance.
No conditions or terms stipulated in any other communication or document shall amend or exclude any of the Terms except insofar as the same are expressly consented in writing by HSTC.
Prices are based on HSTC current pricing policies and reserve the right to amend its quoted prices at any time, prior to the commencement of the Contract. Quoted prices do not include VAT where applicable.
Payment will be due in full upon receipt of an invoice which will be issued on completion of the course. It is the responsibility of the Client to ensure timely and correct allocation of funds. Payment is due 30 days after the date of invoice unless otherwise agreed with the Client. Punctual payment of invoices is expected under the terms of the contract. The Client will be treated as having repudiated the agreement if the Client fails to pay on time. HSTC reserves the right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. Failure to pay any invoice on the due date shall entitle HSTC to suspend further work on any other order from the Client without prejudice to any other right HSTC may have. HSTC reserves the right where the Client fails to adhere strictly to the agreed terms or where genuine doubts arise as to the Client’s financial position to suspend work on any order with liability until payments or satisfactory security for payment has been made. A deposit will be required per person to secure places, the deposit will be deducted from the total amount. It will also act as a security in the event of non-attendance and is not
5. CLIENT CANCELLATION OR RE-SCHEDULE
HSTC will provide the Client with a refund if HSTC receives written notice of cancellation for a course or service and it is received by HSTC at least 28 days before the due course or service commencement date and in accordance of our cancellation policy. We reserve the right to deduct from any refund a reasonable administration charge. Our current cancellation policy is as follows:
Notice Period for cancellation
(from date of receipt)
More than 28 days prior to course commencement
14-28 days prior to course commencement
Less than 14 days to course commencement
% of fee payable on cancellation
% of deposit or fee refunded if re-payment received
In the event that named individuals on a client’s booking form cannot attend a course, HSTC will accept a named substitute providing written notice has been given to HSTC along with any further documentation requirements as deemed necessary by HSTC. No charge will normally be made for substitute delegates. HSTC does reserve the right to charge any reasonable administration charge for substitute delegates where deemed appropriate. HSTC will endeavour to assist any Client request that the due date for a course, service or consultancy be re-scheduled but shall be entitled to charge a cancellation charge as given in 5.2 or a reasonable administration charge. Any request must be confirmed to HSTC in writing. If a course is re-scheduled the Client agrees to forfeit any rights to a refund on cancellation of the re-scheduled course or consultancy.
CANCELLATION OR RE-SCHEDULE
HSTC reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation, all monies paid will be refunded. Places for open courses held by HSTC may be limited and payment by the Client does not ensure that a place has been reserved. Places for planned and open courses may also be subject to a minimum delegate attendance to be reached. Reservation will be confirmed in writing by HSTC and a deposit will be required to confirm places. a full refund will be made in the case of an over or under subscribed course where suitable alternative arrangements cannot be offered. Cancellation of a course by the client the deposit will not be refunded.
6. ONSITE REQUIREMENTS
Where the Client requests Services to be provided on the Client site, it is the
responsibility of the Client to provide all necessary resources and equipment as agreed. HSTC reserves the right to remove staff at any point should the required resources and equipment not be considered adequate or fit for purpose. Full cancellation charges will apply in such instances
Where the Client requests additional Services, then such Services shall be subject to a
separate Order Acceptance before HSTC can commence work.
6.1 All Intellectual Property Rights in the Services or arising shall remain from the Contract with HSTC, unless expressly otherwise agreed in writing by HSTC.
6.2 The reproduction by whatever means of HSTC publications or any publication used by HSTC in the performance of the Contract is expressly forbidden and HSTC will not hesitate to take legal proceedings in respect of any breaches.
If the Services are to be provided by HSTC in accordance with a specification submitted by the Client, the Client shall indemnify HSTC against all liability, loss, damage, costs and expenses suffered or incurred by HSTC in respect of any claim for infringement of any Intellectual Property Rights of any other person which results from or arises out of the use of the Client’s specification.
7. WARRANT AND LIABILITY (where applicable)
Any equipment supplied by HSTC as part of the Service is guaranteed to be fit for its
intended purpose. Save as expressly stated in the Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law in respect of the provision of such Service. Except in the case of fraudulent misrepresentation, death or personal injury caused by HSTC’s negligence, HSTC’s liability in respect of a Contract shall be limited to the invoiced value of the Services provided under the contract and in no event shall HSTC be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of the sale or supply of the said Services.
8. FORCE MAJEURE
HSTC shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of HSTC’s obligations in respect of the Services if the delay or failure was due to any cause beyond HSTC’s reasonable control.
9. INSOLVENCY OF THE CLIENT
- If the Client makes any voluntary arrangement with its creditors or becomes subject to an administration order (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise for the purposes or amalgamation or
- The Client makes any voluntary arrangement with its creditors or becomes subject to an administration order (being an individual or firm) becomes bankrupt or (being a Company) goes into liquidation (otherwise for the purposes of amalgamation or reconstruction); or
- An encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Client; or
- The Client ceases or threatens to cease, to carry on business: without prejudice to any other rights to remedy available to HSTC. HSTC shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability to the Client and if the Service has been provided but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
The Terms and any Contract shall be constructed in accordance with English law and
HSTC and Client submit to the non-exclusive jurisdiction of the English courts.