Terms & Conditions For The Supply Of Training Services
- General
1.1 The terms and conditions of trade of Vally Plant Training Ltd and/or its subsidiary companies (hereinafter called the ‘Company’) covering the supply of training services to clients and customers (hereinafter called ‘Client’ and ‘Clients’) are contained herein.
1.2 Orders to the Company for the supply of training services are only accepted provided these terms and conditions prevail at all times. If any document placing an order on the Company includes or references other terms and conditions then these shall not apply and will be rejected in all cases unless agreed to 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 and 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 and only under a signed written agreement.
1.4.1 The Company accepts orders for training through its website(s), by telephone and by email. In placing an order with the Company, the client is deemed to have accepted the terms and conditions as contained herein.
1.4.2 These terms and conditions are available in writing on request; printed on the Company website and all clients shall be informed of these terms and conditions in writing or by email.
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 or on request.
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 services.
1.7 These terms and conditions do not cover any contract, relationship or engagement of any person, freelance or entity employed by or contracted to the Company to perform training services. Separate 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 to any person and/or organisation for whom these terms relate.
1.8 The Company provides evidence of training for all completed courses. Such evidence, hereinafter referred to as “Certificates and Certification”, may include electronic PDF certificates of attendance, ID cards (whether issued by the Company or a third-party certifying entity), and official certificates of training or education.
- Contract Formation And Right To Cancel
2.1 The Contract Start Date shall be defined as either the day on which the Company accepts payment for training services or when it receives an official order to supply training services from the client. Whichever date is the earliest shall be defined as the Contract start date.
2.2 All complaints and claims relating to Contracts with the Company must be received in writing to info@vallyplanttraining.co.uk and within 14 days of the Contract start date. The Company will respond to all complaints within 30 days of their receipt.
2.3 All clients will receive by email the required mandatory information about the Company as set out under the Provision of Service Regulations 2009 and the Consumer Contracts Regulations 2013
- Training Course Requirements
3.1 Where the training being provided is other than theoretical or classroom based all clients must provide, unless previously agreed by the Company in advance, their own overalls, safety helmets, protective gloves, safety footwear, waterproof clothing, safety glasses/visor, ear defenders and / or any other personal equipment required in order to partake in any practical element of training where required. It remains the client’s responsibility at all times to ensure they are conversant with what equipment or clothing they are personally required to provide and the Company will bear no responsibility for clients being unable to participate in any training program because of any shortfall or omission in this regard.
3.2 Where the training being provided is other than theoretical or classroom based, clients must be physically capable of withstanding the rigors of training. If there are any doubts relating to this, the Company may refer the client to a GP at no cost to the Company. The onus is entirely on the person or client entering into the contract that all clients attending are physically able enough to undergo training that contain a physical element. The Company will not accept any responsibility in any regard should any client be unable to participate.
3.3 Any 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 clients will be invoiced to them at the replacement cost.
3.4 All training courses supplied are autonomous and unabridged. Where applicable, and unless expressly stated on the booking documentation, the onus remains wholly on the client to ensure that all and any education or training pre-requisites, qualifying accreditations, registrant information and necessary qualifications required in order to join or complete the training are current and relevant to the course being supplied. It is the client’s responsibility to ensure that they are conversant with, have achieved and supplied in advance (where applicable) all and any prerequisites or evidence or information required by the Company and/or any 3rd party trainers and/or certificating entities prior to joining or attending the course.
3.4.1 The Company shall not be held liable for any failure to complete training or for any problems encountered while formally registering a candidate for 3rd party accreditation arising as a result of the inadequate provision of, or provision of invalid, incomplete, incorrect or missing candidate data. No refunds will be given.
3.5 Certificates are awarded at the discretion of the Company, and only to those clients who have successfully complete the training satisfactorily. Unless otherwise stated, and at the sole discretion of the relevant trainer, clients 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 client will be required to re-take the entire course and pay the applicable fee. Clients are required to be punctual at all courses and at all sessions.
3.6 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.
3.7 The client must ensure that training carried out at locations as specified by them has enough room in which to carry out both the practical and theoretical elements of the training. The Company reserves the right to charge 100% of the training fee for sub standard or inadequate premises and/or equipment. This includes but is not exhaustive to: – inclement weather and where there is no alternative indoor space in which to carry out the practical training; A designated room with enough space to seat all the attendees; missing, dangerous and/or inappropriate training equipment.
3.8 Where training is carried out on client premises, the Company reserves the right and may at times request to fill the respective course with candidates from other client organisations up to the maximum amount recommended for any given training course. Details of maximum client numbers are available from the Company on request. No discount or reduction in price will be applicable in this regard.
3.9 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 client that infringes this condition and they will be asked to leave the Company premises. Where a client 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.
3.10 Certification
3.10 Unless otherwise agreed beforehand and 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.
3.10.1 All candidates shall be issued with the appropriate certification. External certification shall be issued promptly to clients upon receipt and once received from any third-party certificating entity or authority. The method of delivery of the certification, whether by email in the form of a digital PDF or by physical hard copy sent via 2nd class post, shall depend on the type of course.
3.10.2 Clients shall be notified via email when their certification has been dispatched, whether by email or post. Clients are given a period of 2 weeks from the date of dispatch to report any non-receipt of the certification. After this period, a replacement fee and any associated postage costs (if applicable) shall become payable.
- Prices
4.1 Unless otherwise stated, all prices 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.
4.2 The prices quoted on this site are correct at the date of publication. Prices may vary due to demand and availability and the Company reserves the right to adjust prices at any time and without notice.
- Settlement Terms
5.1 Unless otherwise agreed, payment for all training booked and confirmed by the client must be made prior to the training course booked taking place. Payment can be made by Bank Transfer, Credit/Debit Card or by cheque. Credit terms by prior arrangement only.
5.2 All training courses booked will state the relevant registration, administration and certification fees which are to be paid for on or before the first day of the training course.
- Health and Safety
6.1 Where training is carried out on Company premises, all clients must conform to, and comply with, the Health and Safety Policy as set out by the Company which is available on request. Breaches of this policy may result in the client being suspended or excluded from the course and from the premises
- Cancellation and Postponement
7.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event entirely without any liability.
7.2 The Company reserves the right to charge a cancellation/postponement fee in respect of contracts that are cancelled or postponed by the client.
7.3 The following refunds (following a common industry standard) will be made in the event of cancellations/postponements initiated by the Client and notified to the Company prior to the training course start date:
More than 28 Days notice – Full refund
21 – 27 Days – 75% refund
14 – 20 Days – 50% refund
7 – 13 Days – 25% refund
1 – 6 Days – no refund
0 Days (Late or no show) – no refund
7.3.1 The time periods as noted in 7.3 above include whole weekdays only. It does not include the day of notification or the date of training. Weekends, bank holidays or any other day where the company is closed will also not be included in any notification count of notice days.
7.4 Cancellation fees do not apply if the Client is exercising their right to cancel under the Consumer Rights Act 2015 or The Consumer Contract Regulations 2013. The salient part being that a refund is only applicable if the client is a consumer (to qualify as a consumer the training booked must not be directly related to the Client’s business or occupation), is not a business and is cancelling the contract within 7 days of the Contract Start Date; only if Services have not yet commenced or are not due to commence within this period.
7.4.1 Which magazine provide a handy guide explaining who qualifies as a Consumer under the CRA and CCR – https://www.which.co.uk/consumer-rights/advice/i-want-to-cancel-a-course-i-booked-online-what-are-my-rights
7.5 Should it become necessary for the Company to postpone all or any part of a training course or other work due to circumstances beyond its control then a mutually agreeable date will be agreed on which to complete the work. The Company will not accept any liability for additional expenses or ancillary costs incurred by the Client unless those amounts are directly applicable to the performance of the contract, itemised and mutually agreed in advance. A non-exhaustive list of examples of claims that the Company will not reimburse or be held liable for include; travel or fuel costs, hotels, loss of wages, contract delays and/or compensation for any other reason.
7.6 The Company’s events are constantly changing and the Company reserves the right at any time and without notice to alter content and to change the trainer delivering the course.
7.7 Attendance; Clients must attend and complete all aspects of the Course in order to qualify for certification. The full cost of the Course will be charged to clients who arrive late or are absent from all or part of the Course. We operate a strict “shut-door” policy and late clients will only be granted access at the sole discretion of the trainer delivering the course.
7.8 Cancellation / postponement fee waivers are only available at the sole discretion of the trainer delivering the course. The Company and its representatives have no power or authority to grant or agree to a cancellation/postponement refund and it should be assumed that the terms as noted in 7.3 apply at all times.
7.9 The Client agrees not to submit a Debit / Credit Card Chargeback to their issuing bank for “non-delivery” where the Client cancels, postpones or changes their mind and has been charged a fee as per condition 7.3 above; is late or fails to attend training at the scheduled location or start time; has been denied attendance at a training course through no fault of the Company; has breached any term of this Contract which resulted in the client being charged the full course fee. The Company operates a complaint and dispute resolution service (See 2.4) and this should be utilised in any dispute. The Company reserves the right and in its sole discretion to pursue client chargeback fee reversals [“friendly fraud”] through the small claims court and include all and any additional chargeback fees, costs, card transaction penalties and court fees incurred by the Company in addition to the original course fee as a result of the Chargeback being issued.
- 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.
- 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.
Should anything be unclear within these terms, then please feel free to contact us using the contact us form on the VPT’s website.
Updated Jan 2023