TERMS AND CONDITIONS (FOR COURSE PROVIDERS)
“Company” means: The Training Finder Limited
“Course Provider” means You and Your Company
“The Agreement Term” is from the date the Course Provider confirms agreement by signing up and agreeing to our terms.
1 FORMATION OF AGREEMENT
“The Course Provider” shall pursuant to this Agreement be entitled to use services provided by the Company and by use of such services, accepts the terms and conditions of business set out below, which shall apply to the formation of the contract between the parties. The following constitute the terms and conditions under which the Company trades and supplies its services and related products to Course Providers (and others as appropriate). These Conditions (together with the terms and conditions, if any, set out on the Company’s booking form constitute the entire agreement between the parties and shall be deemed to supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2 BOOKINGS AND INVOICING
The Course Provider agrees to give the Company an agreed discount of twenty per centum (20%) (“the Discount”) on all course bookings. The Discount is applicable on all courses and is deductible from the advertised price of the training courses as provided to the Company by the Course Provider.
The Course Provider will invoice the Company minus the agreed Discount figure.
The Company agrees it shall pay all invoices within 30 days of the date of the invoices raised.
2.1 COURSE CANCELLATIONS
In the event of the Course Provider cancelling a course on which the Company has booked one or more delegates the parties agree that the Course Provider shall be liable to pay the Company a sum being the equivalent of the agreed Discount as a fee in respect of the cancellation.
In the event that the Company can transfer the customer to an alternative course there will be a £35.00 plus VAT administration fee for such transfer and the relevant Discount fee shall remain payable by the Course Provider to the Company.
The Company will always use its reasonable endeavours to transfer a customer rather than cancel a booking.
3 SERVICES AND ADVERTISING
The Company shall as part of its obligations hereunder seek to advertise the training courses of the relevant Course Provider on its web site – www
(“the Company web site”.)
3.1 On receipt of the information relating to the course being provided by the Course Provider, the Course Provider or, occasionally as appropriate, the Company, shall input the relevant data on to the Company web site and advertise the courses at no cost to the Course Provider (save as provided for herein).
3.2 In accordance with these terms and conditions the agreement between the parties provides that :-
3.2.1. the Company is authorised to include the relevant course information on the Company web site and any associated sites within the Company’s group or portfolio.
3.2.2. This agreement gives the Company written authorisation to use the Course Providers logo and company or business name on its web site and associated marketing literature.
3.2.3. The Company will fund all advertising and marketing costs associated with attracting Delegates to place bookings with the Company. There will be no initial or ongoing costs payable by the Course Provider other than the agreed Discount (and/or Course transfer administration fee) as provided for herein. Arrangements for advertising and marketing by the Company in relation to the Courses shall be at the Company’s reasonable discretion.
4 RIGHTS IN INPUT MATERIAL AND OUTPUT MATERIAL
The property and any copyright or other intellectual property rights in :
“input” and or “output” material shall belong to the Company.
“Input Material” is defined as any data, information, images or copies generated, created or input by the Company (or the Course Provider with the Company’s agreement)
“Output Material” is defined as any data, information, images or copies generated, created or output as a result of input by the Company.
The Course Provider shall obtain any and all necessary consents and clearances to enable the Company to lawfully make use of all and any intellectual property rights arising from the provision of the services by the Company including without limitation, clearance and/or consents in respect of any Input Material.
The Course Provider shall at their own expense supply the Company with all necessary documents or other materials, and all necessary data or other information relating to the provision of the services, within sufficient time to enable the Company to provide the services in accordance with this Agreement. The Course Provider shall ensure the accuracy of all Input Material provided to the Company.
The Course Provider shall at its own expense retain duplicate copies of all the relevant Input Material provided by it and insure against its accidental loss or damage. The Company shall have no liability for any such loss or damage of such material however caused.
The Company warrants to the relevant Course Provider that the services for the advertising and marketing of the training courses will be provided using reasonable skill and care and in accordance with this Agreement and any supplementary terms and conditions and so far as reasonably possible at the intervals and within the times provided for.
The Company shall not be liable to the Course Provider or other users of its web site by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
6.1. Either party may (without limiting any other remedy) at any time terminate this Agreement by giving one months written notice to the other if the other party shall commit any breach of these terms and conditions and (if capable of remedy) fails to remedy the breach within one month after being required by written notice to do so, or if the Course Provider goes into liquidation (if a Company) becomes bankrupt or insolvent, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed in connection with the business.
On such termination of this Agreement the Company shall be entitled immediately to remove all the Course Providers content from its web site or other advertising forums and if notice has been served to the Course Provider the Company shall be entitled to suspend the services.
6.2. Either party to this agreement shall be entitled on giving at least two months written notice to the other to terminate and end this Agreement.
7.1. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing by post email or fax but must be addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. If sent by fax such notice shall be deemed to be served on receipt of an error free transmission report provided that it was sent prior to 5pm on the day of transmission or if sent by post shall be deemed to be served two days following the date of posting by ordinary first class post. If sent by email such notice must be sent to the email address provided by the party on the Company’s booking form.
7.2. This Agreement shall in all respects be construed and operated in accordance with English Law and all parties agree to submit to the jurisdiction of the English courts.
7.3. Unless a right of enforcement is expressly provided, it is not intended that a third party should have the right to enforce any term of this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
7.4. A Course Provider in instructing the Company to commence work on behalf of the Course Provider shall be deemed to accept the terms and conditions provided by this Agreement.
© Copyright – The Training Finder Limited 2013