1 DEFINITIONS
In these Conditions the following expressions shall have the following meanings:
"Portfolio" - the current version of the Cosensa Product Portfolio and other associated publications which contain details of courses, "Open Courses" - education courses offered by Cosensa provided at Cosensa Premises where the course is attended by Delegates from Customers,
"In-House Courses" - education courses offered by Cosensa provided at a Customer's premises and attended by Delegates from the Customer, "Courses" - when referred to throughout this document applies to both Open Courses and In-House Courses as appropriate,
"Conditions" - the standard terms and conditions set out in this document,
"Customer" - the person, firm or corporation identified as enrolling a Delegate on a Course by way of a Confirmation, "Confirmation" - written confirmation of a Course sent by the Customer to Cosensa, "Delegate" - a person attending a Course, "Cosensa Premises" - the location at which a Course is held which may include both Cosensa and/or non-Cosensa premises, "Course Materials" - any documentation, listings, instructions and statements in either machine readable or printed form, "Working Day" - every day of the week excluding Saturday, Sunday and UK statutory holidays.
2 BASIS OF THE CONTRACT
2.1 All contracts for Courses shall be made subject to these Conditions unless expressly varied in writing and signed by a director on behalf of Cosensa.
All bookings for a Course must be supported by a Confirmation.
2.2 Any typographical, clerical or other error or omission in any sales literature, administrative documentation,
2.3 Course Materials, invoice or other document or information issued by Cosensa shall be subject to correction without any liability on the part of Cosensa.
3 WARRANTIES
3.1 Cosensa warrants that:
3.1.1 Courses supplied hereunder will be conducted in a professional manner in accordance with generally recognised practices and standards;
3.1.2 it will provide appropriately qualified and experienced instructor(s) and consultant(s) to deliver Courses using suitable Course Materials; and
3.1.3 it will not knowingly include any copyright material in its Course Material without a licence or without the consent of the copyright owner.
3.2 Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
4 EXTENT OF SERVICES
4.1 Cosensa reserves full control over how it and its employees carry out its professional training and the provision of the Courses.
4.2 The contents of the Portfolio are intended for general guidance only and do not form part of any contract and Cosensa reserves the right to make any reasonable variations to the Courses (including the content of the Courses) without notice to the Customer.
4.3 All Courses are delivered solely in the English language and the Customer shall ensure that all Delegates are sufficiently proficient with the English language before attending a Course. (Unless otherwise stated)
5 AUTHORISATION & OBLIGATIONS OF THE CUSTOMER
5.1 The Customer warrants that unless otherwise notified to and agreed with Cosensa all Delegates attending a Course are employed directly by the Customer.
5.2 In all cases the Customer undertakes to bring these Conditions to the attention of its Delegates and to ensure that Delegates attending a Course are suitably qualified and experienced to attend the Course in accordance with any published prerequisites.
5.3 Private Individuals are required to make full payment at the time of booking.
6 FEES/CHARGES
6.1 Prices quoted are inclusive of tuition, Course Materials, and the reasonable use of materials, publications and machines (where applicable) by the Delegate for the period of the Course.
6.2 The price does not include any travel, accommodation or living expenses which the Delegate may incur in attending the Course.
6.3 Prices quoted exclude VAT or other sales taxes which will be added and the Customer shall be liable to pay at the then current rate. Where a Delegate is attending a Course in the UK, regardless of the Delegate's country of origin, the point of supply for VAT purposes is the location of the Course.
6.4 Cosensa reserve the right to charge interest on late payments at 8% above the base lending rate of HBOS plc from time to time until payment in full is received (a part of a month being treated as a full month for the purpose of calculating interest).
7 PAYMENT TERMS
7.1 Cosensa will raise and issue an invoice upon receipt of a formal Booking Form. For Customers who do not operate a purchase order system Cosensa will accept a written instruction to invoice which must be signed by an authorised representative of the Customer. In any event an invoice will be issued 14 days prior to the date of the relevant Course.
7.2 Payment in full is required within 14 days of date of invoice or on, or prior to, attendance at the course. In the event that the course occurs within 14 days of the invoice being issued, payment should be made prior to, or on attendance of the course itself. Failure to ensure payment is made prior to or on the course, may regrettably result in the attendee being refused entry to the course. In this event, payment will still remain payable.
8 SUBSTITUTIONS, TRANSFERS AND CANCELLATIONS BY THE CUSTOMER
8.1 The Customer may substitute a Delegate on a Course upon notifying Cosensa in writing at no additional charge subject to the new Delegate meeting any published prerequisites
8.2 The Customer may change the date of attendance of a Delegate or cancel attendance at a course subject to the following scale of charges
Notice provided in writing by the Customer to Cosensa:
8.3 Payment terms are 14 days net.
Cancellations must be made 14 days prior to the course date. In the event of cancellations after this date, and up until
exactly two weeks of the training course date, re-allocation to another course date will be conducted wherever
possible. In addition, cancellations made between 7-14 working days of the course will be subject to a 40% charge of the full amount.
Cancellations made between 2-6 working days of the course will be subject to a 75% charge of the full amount.
Cancellations within 48 hours of the training course day itself will be subject to the full charge and no re-allocation to future courses will apply.
8.4 Purchases made from REED.co.uk Purchases made via REED.co.uk permit you cancelling your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. Reed refer to this as their "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.
In case you decide to cancel your purchase of a course, it can be done by filling out Reed�s Cancellation Form and sending it to enquiries@cosensa.co.uk If you cancel the purchase of a course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.
8.5 In relation to transfers the Customer agrees that if a replacement booking is not confirmed within 7 days then the full Course fee shall become immediately due and payable.
9 CANCELLATIONS AND CHANGES TO COURSES BY Cosensa
9.1 Cosensa reserves the right to cancel or change a Course and undertakes to provide reasonable notice of the cancellation or change, subject to the provisions of clause 13. Note that this undertaking does not apply in relation to third party courses run in association with partner organisations.
10 PREREQUISITES & ADMISSION
10.1 Cosensa reserves the right to refuse or curtail the provision of any Course if a Delegate or substitute Delegate attending on behalf of the Customer fails to satisfy the published prerequisites in respect of any Course.
10.2 Cosensa reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for admission to Cosensa Premises or to remove any such person at any time after the commencement of a Course.
11 COPYRIGHT
11.1 Copyright and all other intellectual property rights in all Course Materials shall remain the property of Cosensa or the trading partner of Cosensa responsible for developing the Course Material, as the case may be.
11.2 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 internal post Course reference.
11.3 Any software provided by Cosensa on any equipment belongs to the copyright proprietor and the copying of such software for activities outside the scope of any specific Course is not permitted in any circumstances.
12 ASSIGNMENT
12.1 Cosensa may assign all or any part of its interest in or sub-contract the provision of any obligation owed under this contract.
12.2 The Customer may not assign or transfer this contract or any interest therein or claim thereunder without the prior written approval of Cosensa.
13 FORCE MAJEURE
13.1 Cosensa shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or any other cause beyond its reasonable control ("Event of Force Majeure").
13.2 If Cosensa is unable to perform its duties and obligations under this contract as a direct result of the effect of an Event of Force Majeure Cosensa shall give written notice to the Customer of such inability stating the cause in question. The operation of these Conditions shall be suspended during the period in which the Event of Force Majeure continues to have effect.
13.3 Forthwith upon the Event of Force Majeure ceasing to have effect Cosensa shall give written notice thereof to the Customer.
13.4 If the Event of Force Majeure continues to have effect for a period of more than seven (7) Working Days the Customer shall have the right to terminate this contract upon giving ten (10) Working Days written notice of such termination to Cosensa but such notice shall not take effect if Cosensa gives notice to the Customer within that period that the Event of Force Majeure has ceased to prevent the operation of this contract.
14 LIMITS OF LIABILITY
14.1 Cosensa' entire liability and that of its employees and consultants and the Customer's sole remedies in respect of any claim under this contract or otherwise shall be limited to damages which, save as otherwise provided, shall be limited to the value of any fees payable for any Course booked.
14.2 Nothing in this contract shall limit or exclude Cosensa' liability for death or personal injury caused by the negligence of Cosensa or its employees in the performance of any of its obligations under this contract.
14.3 Cosensa will under no circumstances be liable to the Customer for any loss of profits howsoever caused, loss of goodwill, business interruption, consequential loss or loss of data.
14.4 Cosensa, its employees, agents and consultants shall not be liable for any and all liability and loss, damages, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Customer whether direct or consequential (including but without limitation any economic loss or other loss of profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings brought against the Customer by any third party claiming relief against the Customer by reason of the use to which the instruction and advice obtained on any Course is put by the Customer or by any party with the authority of the Customer.
15 NON-SOLICITATION
The Customer agrees that if, within a period of 6 months, after the attendance of a Delegate on a Course, the Customer shall solicit or otherwise entice or procure any person to leave Cosensa' employment or to terminate a contract for services with Cosensa and for them to become employed or engaged by the Customer, the Customer will make a payment to Cosensa equivalent to 35% of the employee's gross annual remuneration at the date of termination.
16 PERSONAL BELONGINGS
Personal belongings and items belonging to or in the possession of the Customer or any Delegate brought onto Cosensa' Premises are the sole responsibility of the owner and Cosensa accepts no responsibility for such items. Delegates using any car parking facilities provided at any Cosensa Premises do so entirely at their own risk and Cosensa does not accept any responsibility for damage, accident or loss resulting from such usage.
17 GENERAL
17.1 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.
17.2 No failure by Cosensa to exercise or enforce any rights under these Conditions shall be deemed to be a waiver of any such rights and will not operate so as to bar the exercise or enforcement thereof at any time.
17.3 Reference in these Conditions to the singular shall include the plural and vice versa.
17.4 The validity construction and performance of these Conditions shall be governed by English and Scottish law and shall be subject to the non-exclusive jurisdiction of the appropriate courts.
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