Please read our terms and conditions of sale.
Some courses are provided by other training companies and consequently they
have their own terms and conditions. Please ensure you read them:
LG Development Works Limited Training and Consultancy Procurement Terms and
Conditions
1. INTERPRETATION In these Conditions the following expressions have the following
meanings: "Booking Form" means the Confirmation of Booking Form,
which contains details of the Course or Consultancy Service. "LG" means
LG Development Works Limited of 12 Sandalwood Drive, St Nicholas at Wade, KENT
CT7 0PE. "Client" means the person, firm or corporation identified
on the Booking Form as instructing LG to procure the Course or Consultancy
Service. "Confidential Information" means all information relating
to the Course or Consultancy Service including but not limited to the Course
or Consultancy Service Materials. "Confirmation Date" means the date
LG receives either the Booking Form signed by the Client or written instructions
from the Client to procure the Course or Consultancy Service or if the Course
or Consultancy Service is provided sooner, the date the Course or Consultancy
Service begins. "Course or Consultancy Service" means the Course
or Consultancy Service, which LG procures, for the Client as the Client's agent
as described on the Booking Form. "Course or Consultancy Service Fee" means
the price of the Course or Consultancy Service set out on the Booking Form,
which excludes VAT. "Course or Consultancy Service Materials" means
any documents, customised training materials, data set or computer program
supplied for the purpose of the Course or Consultancy Service. "Course
or Consultancy Service Provider" means the person firm or corporation
with whom LG contracts as agent for the Client in the procurement of the Course
or Consultancy Service. "Intellectual Property" means all inventions,
patent applications, granted patents, registered and unregistered designs,
copyright works, trade marks and Confidential Information". "Working
Day" means any day other than Saturday or Sunday or a Bank or Public Holiday.
2. SERVICE
2.1 LG agrees on the Client submitting a Booking Form and paying the Course
or Consultancy Service Fee to LG in accordance with Conditions.
2.2 LG shall procure the Course or Consultancy Service as agent for the Client.
2.3 The Client shall pay LG the Course or Consultancy Service Fee within five
Working Days of receipt of LG’s invoice unless LG has agreed an extension
in writing with the Client. Interest will be charged on the outstanding balance
at a monthly rate of 10% from the date payment is due until receipt by LG of
payment in full.
2.4 In consideration for LG procuring the Course or Consultancy Service for
the Client, the Client agrees that LG may retain any discount that LG is able
to negotiate from the fee that the Course or Consultancy Service Provider would
ordinarily charge for supplying the Course or Consultancy Service or alternatively
such administrative charge as LG and the Client have agreed in writing.
2.5 LG may, in its absolute discretion, refuse to procure a Course or Consultancy
Service at any time including after the Client has signed and returned the
Booking Form. If it does so, LG shall promptly inform the Client in writing.
2.6 The price quoted on the website does not include accommodation, travel,
subsistence, venue hire, equipment hire, bespoke design or certification costs.
These charges will be invoiced separately to the trainer day rate.
2.7. Any bookings via the website are subject to trainer availability.
3. AGENCY
3.1 LG shall contract with the Course or Consultancy Service Provider as
the agent for the Client. The Client agrees that it shall accept and be
bound by
the Course or Consultancy Service Provider's terms and conditions, a copy
of which shall be made available by LG on request.
3.2 The Client acknowledges that any claim or other right of action which
it may have in relation to such contractual arrangements or the performance
of
obligations generally shall be against the Course or Consultancy Service
Provider alone.
4. OBLIGATIONS OF BTP
4.1 LG shall use all reasonable skill and care to procure the Course or Consultancy
Service, however all conditions and warranties express or implied, statutory
or otherwise are expressly excluded. In particular and without limitation,
LG does not give any warranties as to the quality or content of the Course
or Consultancy Service. For the avoidance of doubt, LG's obligations shall
be limited to procuring the Course or Consultancy Service for the Client.
4.2 The Client must notify the Course or Consultancy Service Provider of
any concerns over the quality of the Course or Consultancy Service in writing
no
later than 10 days after the Course or Consultancy Service ended.
5. WARRANTIES AND INDEMNITIES
5.1 All Intellectual Property associated with the Course or Consultancy Service
Materials remains the property of the Course or Consultancy Service Provider.
5.2 The Client shall indemnify LG and keep LG fully and effectively indemnified
against all claims or actions brought against LG by the Course or Consultancy
Service Provider for infringement of any copyright in the Course or Consultancy
Service Materials or any intellectual property right belonging to the Course
or Consultancy Service Provider or breach of any obligations owed by the Client
to the Course or Consultancy Service Provider pursuant to the Course or Consultancy
Service Provider's terms and conditions for the supply of the Course or Consultancy
Service.
6. CANCELLATION
6.1 LG reserves the right to cancel or procure an alternative date for the
Course or Consultancy Service for any reason. In such circumstances, LG
will attempt
to provide notice of cancellation or change to the Client, except in an emergency.
6.2 The Client will be entitled to a full refund of the Course or Consultancy
Service Fee to the extent that the Client has paid the Course or Consultancy
Service Fee if LG cancels the Course or Consultancy Service but LG shall not
be liable for any other loss or expenses to the Client arising out of the cancellation.
6.3 The Client may cancel the Course or Consultancy Service by notifying LG
as soon as reasonably practicable but the Client acknowledges that it shall
be liable
to pay any cancellation fees or Course or Consultancy Service Fee as stipulated
by the Course or Consultancy Service Provider.
6.4 Without prejudice to the provisions contained in this Condition 6, LG reserves
the right to cancel the Course or Consultancy Service without any liability
if the Client fails to pay the Course or Consultancy Service Fee in accordance
with
Condition 2.2 of these Conditions.
7. LIABILITY
7.1 LG’s total liability shall not exceed the consideration to be retained
by LG for the performance of its services pursuant to Condition 2.3.
7.2 LG shall not be liable for the following loss or damage howsoever caused
even if foreseeable by LG: loss of profits, business, revenue, goodwill, anticipated
savings, loss of data, whether sustained by the Client or another person, and/or
indirect or consequential loss (other than direct physical damage to the tangible
property of the Client) whether suffered by the Client or another person and
the Client indemnifies and shall hold LG harmless against all claims by the Course
or Consultancy Service Provider.
8. GENERAL PROVISIONS
8.1 These conditions shall come into force on the confirmation date and shall
continue until the Course or Consultancy Service fee is paid in full to LG.
8.2 The Client shall not assign or transfer this contract or any interest in
it without LG's prior written consent.
8.3 If any part of these Conditions are held to be unenforceable at law it
shall be severed from these Conditions and the remainder shall be enforceable.
8.4 LG shall not be liable for failure to supply any Course or Consultancy
Service under these Conditions due to a cause beyond its reasonable control.
8.5 Following completion of the Course or Consultancy Service the Client shall
not approach the Course or Consultancy Service Provider directly or indirectly
for a period of 270 days to seek to employ or provide a further assignment
of any sort to the Course or Consultancy Service Provider.
8.6 These Conditions shall be construed and enforced in accordance with the
laws of England and LG and the Client agree to submit to the exclusive jurisdiction
of the English courts
8.7 No variation to these Conditions shall be effective unless made in writing
and signed by an authorised representative of LG.
8.8 These Conditions expressly exclude any right afforded the Course or Consultancy
Service Provider or any other third party pursuant to the Contracts (Rights
of Third Parties) Act 1999. 8.9 Invoices raised by LG in accordance with Condition
2.2 of these Conditions shall be deemed to have been received by the Client
two
Working Days after the date of sending if sent by first class post or four
Working Days after the date of sending if sent by second class post.
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