In these terms and conditions: “Agreement” means the agreement for Thatcham to provide services to the Customer as set out in a Course Booking Form and the Conditions: “Conditions” shall mean these terms and conditions; “Course Booking Form” means a booking form for training filled in by the “Customer” means the party to whom Thatcham has agreed to provide the Services; “Customer’s Materials” means the documents and/or other materials referred to in clause 2.3; “Delegate” means an individual attending the Training whose details have been provided on a Course Booking Form: “Training” means the training that Thatcham has agreed to supply to the Customer as set out in a Course Booking Form; “Training Materials” the training material provided by Thatcham to the delegates attending the Training; “Thatcham” means Thatcham Research, company number 00967763, registered in England and with its principal place of business at Colthrop Way, Thatcham, Berkshire RG19 4NR;
Supply of Training
All Training supplied by Thatcham to the Customer shall be supplied subject to these Conditions. Any changes or additions to the Training or the Conditions must be agreed in writing between an authorised officer of Thatcham and the Customer.
Thatcham shall supply the Training stated on the Course Booking Form subject to these Conditions. In the event of any conflict between the Course Booking Form and these Conditions, these Conditions shall apply.
If an insufficient number of bookings are received for any Training course, Thatcham reserves the right to cancel that course and either offer an alternative date, or to refund any pre-paid fees in full.
The Customer shall notify Thatcham of any change in Delegate attending the Training at least 30 working days before the start of the Training. Thatcham may charge up to £100 administration charge for such a change. If insufficient notice is given, the Training shall be treated as having been cancelled by the Customer and clause 6 shall apply.
The Customer is responsible for ensuring that each Delegate has a suitable level of skill and competence to participate in the Training. Thatcham does not accept any responsibility for Delegates that fail assessments or are unable to complete the Training due to having an inadequate skill level.
Delegates must bring their own safety footwear and overalls. All other required Health and Safety equipment will be provided by Thatcham.
Course Fees and Payment
Course fees include all Training Materials, lunch and refreshments. Overnight accommodation is not included or provided.
All fees for Training (including third party fees) must be paid in advance.
After a booking has been made, a VAT invoice will be issued which must be paid in full without deduction, withholding or set off within 5 working days from the date of the invoice in order for the booking to be secured.
Thatcham shall have the right to charge daily compound interest at the annual rate of 4% above the Bank of England’s base rate from time to time of upon any sums due but unpaid.
Thatcham reserves the right to recharge the Customer any costs incurred by Thatcham in the event that the Customer or Delegate changes any details with any 3rd party accreditation provider, such as the IMI.
Warranty and Limitation of Liability
Thatcham warrants to the Customer that the Training will be provided using reasonable skill and care.
Except in respect of death or personal injury caused by Thatcham’s negligence, or as expressly provided in these Conditions, Thatcham shall not be liable to the Customer for any losses, damages, costs or other liabilities of the Customer whether direct or indirect or consequential including but not limited to any loss of profit or other economic losses which arise out of or in connection with the Training and the Customer shall indemnify and keep indemnified Thatcham against claims made by third parties in respect of any such loss or damage. The aggregate liability of Thatcham (except in the case of death or personal injury referred to above) arising as a result of the Agreement shall not exceed the amount paid by the Customer to Thatcham in respect of the Training from which the liability arose.
Thatcham shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing or any failure to perform any of Thatcham’s obligations in relation to the Training, if the delay or failure was due to any cause beyond its reasonable control.
All intellectual property rights including copyright arising from or in connection with the Training, for example copyright in the Training Materials, shall, unless otherwise agreed in writing with the Customer, belong to Thatcham.
The Customer shall not reproduce part or all of the Training Materials nor replicate any part of the Training in any form or for any purpose without the prior permission of Thatcham. The re-distribution, re-publication or other making available of the Training Materials to third parties is prohibited.
The Customer agrees to procure the compliance of its employees and sub-contractors with the provisions of this clause 5.
Requests to reschedule Training must be received by Thatcham at least 30 working days before the start of the course. An administration charge of up to £100 per person per course may be charged if a course is rescheduled at the Customer’s request. If insufficient notice is given (less than 30 working days), the booking shall be treated as having been cancelled by the Customer.
Thatcham’s refund policy for cancellation by Customers is as follows: 30 working days’ notice or more of cancellation prior to Training start date = 100% refund of fee. Between 20 and 30 working days’ notice of cancellation prior to Training start date = 75% refund of fee. Between 15 and 20 working days’ notice of cancellation prior to Training start date = 50% refund of fee. 15 working days or less notice of cancellation prior to Training start date = No refund. Where a Delegate fails to attend Training without prior notice, no refund shall be given.
In the unlikely event of the Training being cancelled by Thatcham, Thatcham will make a full refund.
No refund will be available in respect of any payments made to third parties in connection with the Training where Training is cancelled.
It may be necessary, for reasons beyond the control of Thatcham, to change the content and timing of the programme, the date or the venue. Thatcham will provide the customer with such notice as is reasonably practicable in the event of any such changes.
Neither Thatcham or the Customer shall divulge or allow to be divulged to any person any confidential information which is identified as such to the other in writing by Thatcham or the Customer and which is not in the public domain at the time of disclosure.
This agreement shall be governed exclusively by the laws of England and Wales and any proceedings arising from it may be brought in the English courts.
All notices shall be in writing and shall be sent to the addresses (whether postal or email) as shown on the Course Booking Form, the registered office of a party, or such other address as has been confirmed in writing by the receiving party as being an appropriate address for receipt of notices.
If notice is given or made by letter sent by first class pre-paid post, and if applicable, by airmail, it shall be deemed to have been given 24 after being posted. If sent by email it shall be deemed to have been given the next business day after transmission.
Any failure by Thatcham to insist upon strict performance of these Terms and Conditions shall not be deemed a waiver of any of Thatcham’s rights or remedies nor be deemed a waiver of any subsequent default by the Customer.
The invalidity in whole or in part of any clause in these Conditions shall not affect the validity of the remainder of the Clauses or these Conditions.
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