Care Skilled Terms and Conditionson and subject to which we accept orders and undertake business
a) This document sets out the Care Skilled Terms and Conditions on and subject to which we accept orders and undertake business. Our aim is to provide you with high-quality training and consultancy services tailored to meet your requirements in a friendly and cost-effective manner and to maintain a close working relationship with you.
a) These are the Care Skilled Terms and Conditions governing the provision of training and consultancy services by Care Skilled or its Associates with the exclusion of any other oral or written statement or agreement whatever its legal character.
b) ‘Service’ means training course, workshop, seminar, consultancy, or any service provided by Leadership Future Ltd
c) ‘Client’ or ‘Customer’ means a company or individual that makes a booking for training or consultancy services or enters into a contractual arrangement.
d) ‘Delegate’ means the party or parties named as attendees on a course, workshop, seminar or similar.
e) ‘Invoice’ means an invoice for the services delivered by Leadership Future Ltd to the customer.
f) ‘Associate’ means an individual engaged by Leadership Future Ltd to carry out the agreed Service.
g) ‘Care Skilled’ is the trading name of Leadership Future Ltd.
a) The Care Skilled Terms and Conditions shall apply to all Services carried out by Care Skilled to the Customer in accordance with any order confirmation or Sales Order raised by Care Skilled. No additions to, or modifications of, these Care Skilled Terms and Conditions shall have effect unless expressly agreed in writing by Care Skilled expressed to be amendments to these Terms and Conditions.
b) Care Skilled employees, Associates or agents are not authorised to make any representations whatsoever concerning the provision of Services unless confirmed by Care Skilled in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
4) ACCEPTANCE OF ORDER
a) Bookings can be accepted at any time up to the Service start date, subject to availability.
b) An official confirmation or order via e-mail must be received from the Customer in order to reserve a service or place on a course. Prior to Customer confirmation, the service or place on a course is only held provisionally.
c) Confirmed bookings and orders are to be made by email or telephone.
d) Once a Service has been booked and confirmed by the Customer, a place on that course will be allocated to an individual or an Associate will be allocated to the Customer for the delivery of the Servcie. A confirmation of the Customer booking will be forwarded to the Customer by Leadership Future Ltd in the form of an email, Sales Order or payment receipt to the e-mail contact provided by the Customer
e) The Sales Order or Confirmation Email or invoice sent to the Customer will be considered as an acceptance of the Care Skilled Terms and Conditions.
5) TRAINING VENUE
a) Where Leadership Future Ltd provides the Service on the Customer’s premises, they must conform to all fire and health and safety regulations. In the event that a suitable area is not available, Leadership Future Ltd will book an alternative venue and the additional cost will be included in the final invoice.
6) SUBSTITUTIONS, RESCHEDULING AND CANCELLATIONS
i) Delegate substitutions may be made prior to the start of the Service without penalty at any time up to the Service start date. It is the Customer’s responsibility, having referred to relevant Leadership Future Ltd course information, to ensure the Service is suitable for the delegate’s requirements.
i) If notified more than 14 days prior to the Service date, a delegate can transfer to the next scheduled Service without penalty.
ii) If notified between 10 and 14 days prior to the Service date, a delegate can transfer to the next scheduled Service for a re-booking charge of 50% of the full Service fee even if an initial discount has been applied.
iii) If notified fewer than 10 days prior to the Service date, no transfer option is available.
iv) If a delegate cannot attend on the new date, no refund will apply.
v) All transfers must take place within 3 months of the commencement date of the original Service.
vi) Transfer requests received once a Service has commenced are not acceptable and will be considered to be a cancellation and will be subject the terms and conditions regarding cancellations.
vii) In the event that the Customer cancels a booking for which a transfer has taken place, this will incur a minimum 50% cancellation fee subject to the terms below.
viii) In all circumstances, Leadership Future Ltd requires e-mailed notification of any transfers.
i) Cancellations by customers made more than thirty days before course commencement will not incur cancellation charges.
ii) Cancellations within one to ten days of Service commencement will incur a 100% cancellation fee.
iii) Cancellations between ten and thirty days will incur a 50% cancellation fee.
iv) In all circumstances, Leadership Future Ltd requires e-mailed notification of any cancellations.
v) Leadership Future Ltd undertakes to provide the Service on the date specified except when external circumstances prevent this. In these circumstances, Leadership Future Ltd will endeavour to re-run the Service on a mutually agreeable basis.
vi) Leadership Future Ltd reserves the right to cancel a Service, though we make every effort to ensure this does not occur. In the event of a Service being cancelled by Leadership Future Ltd, alternative dates will be proposed.
vii) Leadership Future Ltd takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
a) An invoice will be issued by e-mail to the contact provided by the Customer prior to the commencement of the Service.
b) Invoices are raised on the basis of the Service that the Customer has ordered in advance of the date of delivery and confirmed in a Sales Order or e-mail raised by Leadership Future Ltd and e-mailed to the contact e-mail provided by the Customer.
c) The price shall be as stated in the quote to the customer and confirmed in a Sales Order or e-mail sent to the customer. If no price is quoted or stated, as listed in our published price list current at the date of order. Leadership Future Ltd will not provide hard copy invoices or certificates.
a) Leadership Future Ltd reserves the right to assign or subcontract its Services to other appointed and approved personnel.
9) ENGAGEMENT OF ASSOCIATES BY THE CLIENT
The engagement or use directly, or indirectly through an agency or similar organisation, by the Client of Associates introduced by Care Skilled, whatever the length of such engagement; or the introduction by the Client of such Associates to another employer or organisation, resulting in the engagement of such Associates, renders the Client liable to an introduction fee of £5,250 plus VAT or 15% of the Associate’s gross income, which ever is the greater.
10) PRICING AND PAYMENT TERMS
a) All Service fees are fixed and published by Leadership Future Ltd, however Leadership Future Ltd reserves the right to review and change prices.
b) The Service fee for a training course includes tuition, training materials, manuals and computer time as appropriate to the course.
c) For customers without a credit account payment will be required in full prior to commencement of training.
d) For customers who have a credit account invoices are due for payment within the agreed terms. Leadership Future Ltd reserves the right to reduce or cancel the credit period offered to customers.
e) If no payment is received before the Service commences, Leadership Future Ltd reserves the right to cancel the Service and charge the Customer the full amount for that Service.
f) No certificates will be issued until payment has been received in full and cleared our account.
g) All prices quoted are exclusive of VAT, which will be charged where applicable at the prevailing rate as notified by Customs and Excise.
h) Payments can be made by electronic bank transfer, credit/debit cards or Direct Debit.
i) The Customer agrees to pay for any loss or extra cost incurred by Leadership Future Ltd through the Customer’s instructions or through failure in taking delivery on the part of the Customer, its servants or employees. Leadership Future Ltd shall be entitled to recover the price notwithstanding that property in the goods has not passed to the Customer.
j) Without limiting any other right or remedy available to Leadership Future Ltd, we reserve the right to charge interest for late payment (as well after or before judgement) from the due date to the date of actual receipt of payment at the annual rate of 8.5% above the base rate from time to time of HSBC Bank plc and/or to suspend any further supplies and/or to appropriate any payment by the Customer for such of the Services supplied (or any other goods or services supplied to the customer) as we may think fit (notwithstanding any purported appropriation by the customer).
k) Late payments will negate any discounts agreed and the full amount for the Service will become due.
l) We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, which will incur costs. Any costs incurred to collect the debt will be added to the debt. The Customer agrees that they will be legally liable to pay us that surcharge, and that payment of the same can be enforced against the Customer in court. The Customer also agrees to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.
11) COURSE CONTENT
a) Leadership Future Ltd course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. Leadership Future Ltd constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.
12) DELEGATE SUITABILITY
a) It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
b) All delegates will be required to abide by any site rules and regulations operating at the course location.
c) Leadership Future Ltd reserves the right to ask a delegate to leave the training event if the delegate does not meet the course prerequisites. The Customer will be liable for the full costs of training for any delegate requested to leave the course.
d) Leadership Future Ltd urges all Customers to support this policy, which is designed to protect the Customer’s investment.
13) FORCE MAJEURE
a) A force majeure event is any event beyond the reasonable control of Leadership Future Ltd (including strikes, traffic congestion, the downtime of any external line, strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery, shortage or unavailability of raw materials from normal sources of supply or Leadership Future Ltd inability to procure services, materials or articles required for the performance of the contract except at enhanced prices).
b) If Leadership Future Ltd is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then Leadership Future Ltd shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, Leadership Future Ltd may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
14) LIMITATION OF LIABILITY AND INDEMNITIES
a) Except as may otherwise be expressly provided in these Care Skilled Terms and Conditions; all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by Leadership Future Ltd to the fullest extent permitted by law and Leadership Future Ltd shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
b) Leadership Future Ltd represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
c) Leadership Future Ltd shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to its negligence or that of its employees, agents or sub-contractors.
d) Leadership Future Ltd shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, all as may result from, or be connected with: (i) any express or implied terms of the contract between Leadership Future Ltd and the Customer, or of any order accepted by Leadership Future Ltd ; (ii) any duty of any kind imposed on Leadership Future Ltd by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.
e) Leadership Future Ltd maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to Leadership Future Ltd for the services which are the subject of the order confirmation in question.
f) Without prejudice to the generality of the foregoing, Leadership Future Ltd shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (i) loss of use; (ii) loss of goodwill; (iii) loss and/or corruption of data; (iv) loss of information; (v) loss of business; (vi) loss of goods; (vii) loss of anticipated savings; (viii) loss of revenue; (ix) downtime; (x) any damage relating to the procurement by the Customer of any substitute services.
g) For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 13 f) (i) through (x) inclusive above, nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
h) For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way Leadership Future Ltd liability for (i) death or personal injury resulting from the negligence of Leadership Future Ltd, its officers and/or employees; and/or (ii) fraudulent misrepresentation.
i) The Customer is liable for any loss, damage or injury to Leadership Future Ltd staff or their property which may arise whilst working at the Customer’s location and is due to negligence or breach of statutory duty by the Customer.
j) Leadership Future Ltd accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any Leadership Future Ltd services: this includes failure to meet its operating specification.
15) COPYRIGHT AND INTELLECTUAL PROPERTY
a) No part of the training materials may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of Leadership Future Ltd or the copyright owner.
b) All Intellectual Property Rights for any product or service remain the property of Leadership Future Ltd unless otherwise stated or agreed.
a) The information contained in all Leadership Future Ltd services, coursework and literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the services, training courses and associated literature, neither the author nor Leadership Future Ltd shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.
17) DUTY OF CANDOUR AND NOTIFICATION TO AUTHORITIES
Any action undertaken by the delegate or client which willfully and/or repeatedly breaches CQC, Ofsted, Commissioning Authority or any other statutory body’s rules and regulations; will result in Care Skilled notifying the relevant authorities unless rectified immediately. Care Skilled reserve the right to inform the relevant authorities if any advice or recommendations offered by Care Skilled is ignored or if poor practice is observed and which as a result places service users at risk or potential risk, undermines the credibility of Care Skilled or potentially breaches statutory body’s rules and regulations.