Terms and Conditions – Live and Learn Consultancy Ltd
1. Meanings of Words Used
‘Agreement’ means the terms and conditions which form the basis upon which we will provide the services to you as set out in this document.
‘Bank holiday’ means a bank holiday under the Banking and Financial Dealings Act 1971.
‘Bespoke Package’ means any training package which is not an Off-the-Shelf Package.
‘Booking form’ means the document in which we set out a summary of the services to be provided.
‘Booking form deadline’ means the last date for return of the completed booking form from you to us and is 7 days from you receiving the booking form from us.
‘Cancellation fees’ means the fees payable by you to us in the event that you cancel a confirmed booking.
‘Cancellation notice’ means written notification to us by which you cancel a confirmed booking.
‘Confirmed booking/bookings’ mean a request by you for us to provide services to you which has been made in accordance with this agreement.
‘Delegate/delegates/delegation’ means a person or persons attending the training course, assessment or seminar provided by us as part of the services.
‘Effective date’ means the date upon which, according to the terms of this agreement, a cancellation notice is received by us.
‘Fee/fees’ mean our charges for the provision of the services and, unless otherwise stated, any fee or fees included in any quotation or training proposal will be exclusive of VAT and payable in accordance with, and by the time set out in, our invoice.
‘High Value Package’ means any training package for which our fee is £10,000.00 or more.
`12 Day Program` Means a program of training designed to achieved a specific goal over 12 x 1 day units of delivery
‘Invoice’ means the invoice which we sent to you in relation to our fees for the provision of the services.
‘Off-the-Shelf Package’ means one of our training packages without amendment or alteration.
‘Quotation’ and ‘training proposal’ mean a written document which we have sent to you in which we: 1) set out details of the services to be provided; and 2) state the price to be paid for the provision of those services.
‘Reservation/reservations’ mean a non-binding agreement to provide services before a confirmed booking is made.
‘Service/services’ mean the training course, assessment or seminar provided, or to be provided, by us and which are set out in our quotation or training proposal.
‘Trainer/trainers’ means the person or persons who deliver the training to the delegate.
‘Training date’ means the date on which the services are to be provided.
‘Training time’ means the time at which the services are to be provided.
‘We/us/our’ mean Live and Learn Consultancy Ltd, its authorised agent(s) or representative(s).
‘Working day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day.
‘You/your/yours/yourself’ mean the person who, or company which, has made a confirmed booking or a reservation in accordance with this agreement.
2. The Services
2.1. We will provide the services if a confirmed booking has been made in accordance with section 3 of this agreement.
2.2. The nature and extent of the services which are to be provided will be confirmed in, and confined to, those set out in the booking form or, subject to clause 12 of this agreement, any subsequent variation thereof.
3. Bookings and Reservations
3.1. A confirmed booking will have been made when we have received a duly completed booking form from you by the booking form deadline. The booking form deadline is 7 days from receipt. Any booking forms not received within 7 days could result in loss of booking.
3.2. If booking a high value package then a non- refundable deposit of 10% of our fee is required by the booking form deadline.
3.3. If booking a 12 day program payment of the first 3 days is required 7 days before the first delivery and the further 9 days invoices will be due 7 days before each delivery.
3.4. When booking a high value package or 12 day program, the cancellation terms set out in section 6 are in force from the 1st delivery. Once within the terms for the 1st delivery future dates cannot be cancelled but can still be moved in line with the procedure below.
3.5. If the completed booking form is not received by us, with the non- refundable deposit for high value packages, by the booking form deadline the booking is not a confirmed booking and the date may be passed to another booking.
3.6. Once a confirmed booking is made in accordance with this agreement, we will provide the services to you in accordance with, and at the time and place set out in, the booking form.
3.7. We may agree to make a reservation but will not be obliged to provide any services if a confirmed booking is not made in accordance with this agreement. Either you or we may cancel a reservation before a confirmed booking is made. If a reservation is cancelled, no fees will be payable to us.
4. Identity of Trainer
4.1. Trainers are selected based on expertise and suitability for the services which are to be provided.
4.2. Selection of the trainer shall be at our sole discretion and may be include consultant trainers based on expertise and availability.
5.1. You will pay our fees in the amount and by the time set out in our booking form. A 5% surcharge will be added to any fees not paid by the time set out in our invoice.
5.2. If payment of our fees is not received within 28 days of the time set out in our invoice then the file will be passed to our appointed solicitors to enforce payment of the fees. (Advocate Commercial Debt Recovery)
5.3. Subject to the provisions of clause 6 of this agreement, you will not be entitled to any refund if a delegate does not attend, or fails to complete, any training course, assessment or seminar forming part of the services.
6.1. You may cancel a confirmed booking in accordance with this clause 6. To cancel a confirmed booking, you must provide us with a cancellation notice.
6.2. A cancellation notice must be sent either by email to firstname.lastname@example.org or by post to Live and Learn Consultancy, B14/15 Office 1 Dransfield House, 2 Fox Valley Way, Fox Valley, Sheffield S36 2AB.
6.3. If the cancellation notice is sent by post, the date on which we received it is the effective date. If the cancellation notice is sent by electronic means (whether by email or by facsimile), the effective date will be either: a) if sent before 4pm on a working day, that day; or 2) if sent at or after 4pm on a working day, the next working day.
6.4. If you cancel a confirmed booking you must pay our cancellation fees. Our cancellation fees are calculated as a percentage of our fees. The percentage payable varies depending upon the number of days between the effective date and the training date and the training package that you have booked as follows:
Number of days between effective date and training date Percentage of fees payable
- More than 14 days 0%
- 10-14 days 50%
- 9 days or fewer 100%
Bespoke Package & High Value Package
Number of days between effective date and training date Percentage of fees payable
- More than 30 days 0%
- 30-21 days 25%
- 21-15 days 50%
- 14 days or fewer 100%
6.5. If we cancel a confirmed booking, no refund is due so long as, we have made a reasonable offer to you to rearrange the provision of the services. If no such offer has been made, then you are entitled to a full refund of any fees paid.
6.6. We and you agree that, save as set out in this clause 6 and in clause 9, neither we nor you are liable to reimburse, or otherwise meet, any costs, fees, expenses or losses arising as a result of cancellation of a confirmed booking.
7. Equipment and Belongings
7.1. We are not liable for loss or damage to your equipment or other belongings, nor those of delegates, howsoever caused. You are liable for any damage caused by you or by delegates to materials or equipment which we provide to them for use during the provision of the services.
8. Health & Safety
8.1. We and you agree that the responsibility for health and safety of you and delegates remains with you throughout. For example, if and to the extent that one may be necessary, you are responsible to yourself and to delegates (and for all other purposes and to any and all other third parties) for undertaking a risk assessment relating to both the location at which the services are to be provided and to the provision of the services.
9. Right to Remove
9.1. We and the trainer have the right, at our or, as the case may be, the trainer’s, sole discretion, to request that a delegate removes him or herself from any training course, assessment or seminar on reasonable grounds, including on grounds of health and safety and of misconduct. Notwithstanding a delegate may have removed him or herself from the training course, assessment or seminar, you will remain liable for 100% of our fees.
9.2. If the delegate refuses to remove him or herself from any training course, assessment or seminar following a request made in accordance with clause 9.1, we and the trainer have the right, at our or, as the case may be, the trainer’s, sole discretion to terminate the provision of the services.
9.3. If the conduct of a delegate is such that we or the trainer reasonably consider that the provision of the services must be suspended or cancelled as set out in clause 9.2, you will be liable to pay 100% of our fees.
10. Force Majeure
10.1. The provision of the services may be totally or partially suspended or cancelled by us or the trainer at any time if and to the extent that delivery is prevented through any circumstances beyond our or the trainer’s control.
11.1. We retain all intellectual property rights in all of the materials and/or documents and/or software which are made available to you and/or any delegate or delegates. Neither you nor any delegate or delegates may reproduce, retrain modify, amend, store in any retrieval system or transmit those materials and/or documents and/or software in any form or by any means without the express written permission of the trainer or us.
12.1. No variation of these terms and conditions will be valid unless evidenced in writing.
13. Entire Agreement
13.1. This agreement represents the entire agreement between you and us.
14. Governing Law
14.1. The law of England and Wales applies to this agreement.