Terms and Conditions for the Provision of Training Services

Terms

“Note that: The headings in these Conditions are for convenience only and shall not affect their interpretation”

“Course Date” means the scheduled date of commencement for supply of the Training Services/performance of the contract specified in the Quotation and/or advertisement.

“The Company” means Abalt Solutions Limited.

“The Customer” means the person, company, firm or business that accepts a Quotation and/or advertisement of the company for the supply of the Training Services or whose order for the Training Services is accepted by the company, for a specific course date.

“Training Services” means training, tutorial, and educational Training Services of any kind (courses, workshops, blended, online, etc) provided by the company to the costumer in accordance with course descriptor, and/or – as advertised-.

“IPR” means any patents, copyright, registered designs, trade marks, technical and confidential information, inventions, database rights, and any industrial and/or intellectual property rights created by the company.

Conditions

Basis for the supply of training services

The Company shall supply the Training Services to the Customer in accordance with any written Quotation and/or advertisement, and/or public advertisement of the Company which is accepted by the Customer, or any written order of the Customer which is accepted by the Company, subject in either case to these Terms and Conditions.

Orders and scope of training services

No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed in writing by the Company.

The Scope of training will vary and it will have its limits on any specific course descriptor.

Enrolment Process

Enrolment shall be made on a personal basis, for each Customer’s participant (“Participant”) separately and individually. Participant will be required to fill out in a purchase order which will include the following: (a) course title; (b) date and location of course as published in the catalogue; (c) the applicable course fees; (d) date and location of course; (e) full name of Participant and Customer. All purchase order will be at all times governed by these terms and conditions. Such purchase order could be digital and/or paper in a format that will be provided for The Company.

Approval of enrolment will be sent to each Participant by email upon receipt of a full purchase order, and subject to The Company approval of Customer. Enrolment is limited to up to fourteen (14) Participants for each course. The Company reserves the right not make a training course available to a Customer which is a competitor of The Company.

Enrolment will only be accepted if:

A valid purchase order is received by Abalt Solutions from a company that has a credit arrangement with us
The full purchase price is received by Abalt Solutions within twenty five (25) days in advance by any of the payment forms accepted by The Company.
Once a booking has been accepted in writing by us, cancellation terms apply.

Duration and manner of performance

The Company shall use all reasonable endeavours to supply the Training Services in any way and manner it was advertise, and based on the descriptor of each course.

The Company shall begin to provide the Training Services on the Commencement Date and shall continue to provide the Training Services for the period specified in the Quotation and/or advertisement or until earlier termination of the Contract.

Price of the training services

The price of the Training Services shall be the Company’s quoted and/or advertised price together with any Value Added Tax due thereon. All prices quoted are valid for 30 days only.

The Company reserves the right, by giving notice to the Customer at any time before performance, to increase the price of the Training Services to reflect any increase in the cost to the Company, any change in specification for the Training Services which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to provide the Company with adequate information or instructions.

Charges for Cancellation & Transfer Charges for Public Scheduled and Online Courses

Notice of cancellation or reschedule which will be made on a notice and it will be regulated for the following rules:

Cancellations made between 25-16 working days prior to course scheduled date, there will be a charge of 0% of the course fee
Cancellations made between 15-6 working days prior to course scheduled date, there will be a charge of 50% of the course fee
Cancellations made between 5-0 working days prior to course scheduled date 100% of the course fee

The United Kingdom Government Value Added Tax (HMRC) for courses held in the UK Value Added Tax (VAT) at the standard rate, currently 17.5% will be charged on course fees to all companies and individuals in the UK and overseas.

Terms and methods of payment

The Customer shall pay the price of the Training Services in the following manner:

In the case of open courses, workshops, seminars, blended learning, etc. payment shall be made by the customer and received by the company 25 days, prior to the customer assistance to any course.
In the case of payment by purchase order, payment must be made within 30 days of the date of the Company’s invoice. The time of payment of the price shall be of the essence of the Contract.
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
- Cancel the Contract or suspend any further performance of the Contract;
- Charge the Customer interest (both before and after any decree or judgement) on the amount unpaid, at the rate of five per centum per annum above Bank of Scotland Base Rate from time to time until payment in full is made.

Once payment has been received a VAT receipt will be sent and participant's attendance will be confirmed. Provisional bookings by telephone or E-mail must be confirmed in writing by post or fax to us.

The Company accepts the following Credit Cards: VISA, MASTERCARD, MAESTRO, and AMERICAN EXPRESS.

You can also pay by Cheque made Payable to: Abalt Solutions Limited, and crossed “Account Payee Only”, and with participant name and course name clearly on the back of your cheque. Cheque needs to be sent to the following address: FAO: Finance Department, Abalt Solutions Limited, Davidson House, Aberdeen Science and Technology Park, Campus One, Bridge of Don, Aberdeen, AB22 8GT Scotland.

You can also pay by Bank Wire or Transfer to:

HSBC Bank Plc
2 Queens Road
Aberdeen
AB15 4ZT

Sort Code: 40-01-25
Account: 91113631
Reference: “Course Code”

Please fax your remittance to +44 (0) 1224 339401

Performance

Any dates quoted for performance of the Contract are approximate only and the Company shall not be liable for any delay in performance howsoever caused. Time for performance shall not be of the essence unless previously agreed by the Company in writing.

Public scheduled training

Training will be generally made at The Company premises worldwide, and sometimes at The Company discretion on-line as well. Upon Customer’s request, THE COMPANY may provide the training at Customer’s premises, subject to additional on-site training costs at The Company then-current rates plus travelling, accommodation and related expenses. If the training is to be conducted at Customer’s premises, Customer shall be responsible for the setup (i.e. facilities, class, equipment, training accessories, etc.).

Public courses may be undertaken using portable equipment such as laptop computers and may be in rented accommodation such as a hotel conference rooms or similar. Customers agree that they understand and accept this and shall advise Abalt Solutions if this is likely to be inappropriate for the delegate(s) concerned.

Provision of subsistence requirements are the responsibility of the delegates. Unless a credit agreement is in place between Abalt Solutions and The Customer, payment for training is due in advance; delegates will not be permitted to enter the classroom if payment has been not been made. The cancellation terms above shall apply in any case.

Warranties and liabilities

Customers are responsible for ensuring that the backgrounds of delegates are Suitable for the training course that they are attending. Abalt Solutions will not be liable for any refund in the case where delegates do not meet the course prerequisites.

In no circumstances will Abalt Solutions be liable to refund any amount in excess of the agreed fee for the training course in question. This applies in particular (but is not limited) to any travelling, subsistence or consequential expenses incurred by delegates.

Suitably qualified delegates may be substituted at any time prior to the start of the course. It is important to notice that unless we know the names of delegates within five (05) working days in advance, it may not be possible to provide attendance certificates at the end of the training course. (However, efforts will be made to provide them as soon as possible after the course completes.)

The Company shall be under no liability in respect of any deficiency in the Training Services arising from any drawing, design, data or specification supplied by the Customer.

The Company shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term or, any duty at common law, or under the express terms of the Contract for any consequential loss or compensation whatsoever (and whether caused by the negligence of the Company or their respective employees, agents or otherwise) which arise out of or in connection with the supply of the Training Services or their use by the Customer.

The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Training Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.

NOTE: EXCEPT AS STATED ABOVE, THE COMPANY ASSUMES NO OTHER LIABILITY FOR CANCELLATION OR RESCHEDULING OF COURSES.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, THE COMPANY SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY CLAIM WITH RESPECT TO THE COURSES, TRAINING, COURSES’ MATERIALS ; (II) FOR ANY CLAIM ARISING FROM OR RELATED TO PARTICIPANT'S CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION OR ARISING FROM ANY TERMINATION OF PARTICIPANT CERTIFICATION LETTER; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR CORRUPTION OF DATA), OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY AGGREGATED LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE SUMS ACTUALLY RECEIVED BY THE APPLICABLE CUSTOMER OR PARTICIPANT. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRAINING PROGRAMS, COURSES, MODULES, UNITS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES. THE FOREGOING IS THE EXCLUSIVE REMEDY AVAILABLE TO CUSTOMER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS MAY NOT APPLY TO CUSTOMER, AND CUSTOMER MAY ALSO HAVE ADDITIONAL RIGHTS.

Confidentiality

Both the Company and the Customer shall be obliged to keep strictly confidential and not, without the prior written consent of the other, make use of or disclose to any third party any information relating to the affairs of the other or the existence or content of the Contract or otherwise arising out of the provision of the Training Services which may reasonably be regarded as or which ought to be regarded as confidential.

Information shall not be considered to be confidential if (a) it is and can be shown to be already known to the Customer and/or Company; or (b) it subsequently becomes lawfully available to the Customer and/or Company; or (c) it is published in a patent specification or is otherwise in the public domain other than through default of the receiving party; or (d) it is required to be disclosed by law; or (e) is disclosed under the terms of Condition below.

The Company shall be free to use information relating to the Training Services for research or teaching purposes including publication, subject to safeguarding the commercial interests of the Customer which shall receive a copy of the proposed manuscript for review and comment at least thirty days prior to publication.

Intellectual property

For the avoidance of doubt, all background information and intellectual property rights (“Background IPR”) existing before the date of the Contract shall remain the property of the party introducing such Background IPR.

All patentable inventions or other IPR relating to any new product, technique or invention arising solely and directly from the provision of the Training Services (“Foreground IPR”) shall become the sole property of the Customer subject to the Company and the University retaining the right to use such Foreground IPR for research and teaching purposes.

The Company shall retain exclusive ownership of all copyright material(s) and databases produced under the Contract or arising from the Provision of the Training Services and reserves the right to assert the moral rights of the author(s) of such copyright material(s). Any published work of the Customer shall bear an acknowledgement of the Company’s rights and if required, assertion of such moral rights.

The Company hereby grants to the Customer a non-transferable, nonexclusive, royalty-free worldwide licence to use all copyright material(s) produced in directly providing the Training Services.

General

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that 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 any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

This Agreement and any document referred to herein represents the whole understanding of the parties with regard to the subject matter hereof and supersedes all previous agreements, contracts or arrangements between the parties.

Any dispute arising under or in connection with the Contract or the supply of the Training Services shall be referred to a single arbiter appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society of Scotland. The Contract and this Agreement shall be governed by Scots law and the Customer agrees to submit to the exclusive jurisdiction of the Scottish Courts.

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