These terms and conditions are correct as of 11.09.2014
1.1 The terms and conditions of trade of Sampson Hall Ltd (hereafter called the Company) are contained herein.
1.2 Orders accepted subject to the Terms and Conditions. If any document placing an order on the Company includes or refers to other terms and conditions of contract then these shall not apply unless agreed in writing by a Director of the Company.
1.3 No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing signed by a Director of the Company.
1.4 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company.
1.5 These terms and conditions are correct at the date shown on the relevant course booking documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable.
1.6 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company (either as agent or principal) in the provision of training and services. These terms and conditions do not cover any contract, relationship or engagement with any person, freelance or body employed by the Company or engaged to perform services on behalf of the Company.
1.7 Terms and conditions covering the terms of trade for the engagement of freelance training instructors and/or other principal training companies (where the Company is acting as agent) are available on request and will be provided on demand to any person and/or organisation for which these terms relate.
2. Training Course Requirements
2.1 Equipment owned by or leased/lent to the client must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the relevant client.
2.2 Certificates are awarded at the discretion of the Company, and only to those who successfully complete the training satisfactorily. At the discretion of the relevant trainer, delegates that have failed any element of the training may be allowed to complete the training course although this will still result in a failure and the delegate will be required to re-take the entire course and pay the applicable fee. Delegates are required to be punctual at all courses and at all sessions.
2.3 Where training is carried out not on Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or client and the Company does not accept any liability in this regard.
2.4 The client must ensure that training carried out at locations as specified by them has adequate room in which to carry out both the practical and theoretical elements of the training.
2.5 Where training is carried out on client premises, the Company reserves the right to fill the respective course with delegates from other client organisations up to the maximum amount recommended for any given training course. Details of maximum delegate numbers are available from the Company on request. No discount or reduction in price will be applicable in this regard.
2.6 Consumption of alcohol or non-prescription drugs is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave Company premises. Where a delegate is undergoing a course of prescribed drugs they should inform the Company of the nature of the drug and any side effects. The Company may then seek assurance that training can be carried out without risk. The decision of the Company in relation to this is final.
2.7 Unless otherwise agreed beforehand in writing, the registration and issuing of certification and/or accreditation will only be recognised and delivered by the Company once payment from the client has been received and paid in full.
3.1 Unless otherwise stated, all prices stated are in pound (£) sterling are exclusive of VAT, the total price of the training will be invoiced prior to the training date and this will show the VAT payable. VAT will be charged at the rate current at the time of due payment. All prices are subject to change.The price(s) of the Services are not displayed on our website and will be communicated at the time you place your enquiry and order.
4. Payment and Settlement Terms
4.1 Payment for all services booked and confirmed by the client must be made prior to the service booked taking place.
4.2 Payment for the Services booked will be taken through either:
4.2i Our third party payment provider (as we shall nominate from time to time)
4.2ii Or by an invoice sent in an email – which can be paid by credit/debit
card, bacs payment, or cheque. All payments will need to be cleared prior to commencement of training.
The means of payment available are set out during the order process prior to confirmation of your order. Payment will be received by us upon confirmation from such provider that the transaction has been completed.
4.3 The Company reserves the right to withhold making registrations with any relevant training bodies and/or retain delegate certification and/or refuse to issue delegate certification or accreditation until payment has been received in full.
5. Health and Safety
5.1 Where training is carried out on Company premises, all delegates must conform to and comply with the Health and Safety Policy as laid down by the Company from time to time. Breaches of this policy may result in the delegate being suspended or excluded from the course and premises.
6. Cancellation and Postponement
6.1 The Company 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 will be refunded. The Company’s events are constantly updated and improved and the Company reserves the right at any time and without notice to alter content and to change trainers or tutors.
6.2 The Company reserve the right to charge a cancellation/postponement fee in respect of courses previously confirmed and subsequently cancelled or postponed. The following refunds will be made in the event of cancellations/postponements prior to course start date:
More than 28 Days – Full refund
14-27 Days – 75% refund
7-13 Days – 50% refund
1-6 Days – No refund (based on working days)
6.3 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. If a suitable alternative location or date cannot be found for you, a complete refund will be issued. The Company will not be liable for any costs incurred by the client for such actions.
7. Our right to vary these terms
7.1 We may revise these terms from time to time in the following circumstances:
7.1i Changes in how we accept payment from you;
7.1ii Changes in relevant laws and regulatory requirements; or
7.1iii Any other changes to our operating or delivery processes.
Every time you order Services from us, the terms in force at that time will apply to the contract between you and us.
8. Applicable Law
8.1 No waiver by us or any breach of the Contract by you shall be considered as a waiver or any subsequent breach of the same or any other provision.
8.2 If any provision of these Terms is held by any competent Authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
8.3 Any dispute arising under or in connection with these Terms shall be subject to the Jurisdiction of the English Courts. The Contract shall be governed by the laws of England.
8.4 These Terms do not affect any consumer rights contained in the Unfair Contract Terms Act 1977 or any statutory modification of them.
9. Force Majeure
9.1 The Company 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 the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.
9.2 Including without limitation server failures, software failures, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10. Reliance on Information Posted and Disclaimer:
10.1 The information contained in all Sampson Hall Services, Training coursework and literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the coursework and associated literature, neither the author or Sampson Hall shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or literature.
Sampson Hall Ltd, The Waterfront, Odhams Wharf, Topsham, Exeter, EX3 0PD All rights reserved. Sampson Hall logo, “Sampson Hall” and www.sampsonhall.co.uk is a site operated by Sampson Hall Ltd (“We”); registered in England and Wales under the registration number 07016592.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from our licensor’s or us.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from our site
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
If you have any concerns about material, which appears, on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.