TERMS AND CONDITIONS
1. During the continuance of the Agreement into which this document is incorporated (the ‘Agreement’), Green Cross Training Ltd shall supply and the Purchaser shall purchase.
2. Green Cross Training Ltd and the Purchaser shall agree times and places for the performance of Services which shall generally be set out in the relevant Schedule and/ or Appendix. Otherwise, Green Cross Training Ltd shall use its reasonable endeavours to perform them within a reasonable time in the circumstances.
3. Failure to notify of any delay shall not on its own entitle the Purchaser to terminate the contract or withhold payment against Green Cross Training Ltd invoice. Unless otherwise agreed in writing with Green Cross Training Ltd, the Purchaser shall not be entitled to cancel any order for Services once the first performance of the Services has been performed by Green Cross Training Ltd.
4. Purchasers may be asked to make payment in advance for Services against Green Cross Training Ltd pro-forma invoice or provide a suitable credit reference or such other proof of creditworthiness as Green Cross Training Ltd may require at its sole discretion before supply.
Eligibility for and Outcome of Training Courses
5. It is the Purchaser’s (employer’s) responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course, and that they have the aptitude to cope with an intensive course of study. Green Cross Training Ltd welcomes students with disabilities and makes provision for assistance with their learning, but it remains their employer’s responsibility to ensure that they are appropriately supported in their workplace. Green Cross Training Ltd should be provided in advance (and for setting up purposes) notification of any assistance that a student is likely to need during the running of a course. If Green Cross Training Ltd decides that a student has not achieved the learning outcomes of the course and/or the assessment standard after the trainer has made adjustments & offered additional training to support the student (i.e. they are referred), then they will subsequently be offered a free reassessment and training.
6. To be eligible to attend an HSE two-day Requalification course, students must present a valid First aid at work certificate on commencement of the course.
7. The Purchaser (the employer) acknowledges that if a student arrives late for a course or is absent from any session, Green Cross Training Ltd reserves the right to refuse to accept the student for training, if it decides in its sole discretion that the student will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. To conform with Health and Safety Executive (HSE) requirements for statutory certificates, attendance at all sessions is mandatory.
Terms of Payment
8. Unless subject to separate agreed arrangements, the Purchaser shall pay Green Cross Training Ltd within 30 days of the date of Green Cross Training Ltd invoice. If the Purchaser fails to make payment on the due date, Green Cross Training Ltd shall be entitled to charge the Purchaser interest at the annual rate of 3% above the base rate of Barclays Bank plc. Unless otherwise agreed with Green Cross Training Ltd or required by law, the Purchaser shall not be entitled to make any set off in respect of amounts due to Green Cross Training Ltd. All course fees are subject to the current rate of VAT (valid exemptions only).
9. Each party acknowledges and agrees that any and all information concerning the other’s business or the terms of the Agreement including these Green Cross Training Ltd Supply Terms is confidential (hereinafter referred to as ‘Confidential Information’) and each party agrees that it shall not permit the duplication, use or disclosure of any such Confidential Information to any person (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of Law. Confidential Information does not include information, which at the time of disclosure is generally known by the public (other than by the unauthorised act of the disclosing party). The parties shall take all reasonable steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential.
10. Each party undertakes to comply at all times with the Data Protection Act 1998 (the ‘DPA’) to the extent it processes any personal data or sensitive personal data on behalf of the other. ‘personal data’ and ‘sensitive personal data’ shall have the meanings given in the DPA.
11. In particular, but without limitation, each party shall:
(a) only carry out processing of such data in accordance with the other’s instructions
(b) only disclose it to or allow access to it by those of its employees (or agents or sub-contractors) who are familiar with data protection requirements and whose use of such data relates to their job or function
(c) assist the other with all subject information requests received from data subjects.
12. For the avoidance of doubt, neither party (or its agents or sub-contractors) shall acquire any rights in any of the other’s personal data or sensitive personal data and shall only be entitled to process it in accordance with its contractual obligations. On termination of the contract each party (or its agents or sub-contractors) shall immediately cease to use the same and shall arrange for its safe return or destruction as shall be agreed with the other at the relevant time.
13. Green Cross Training Ltd standard terms and conditions for the supply of training services Intellectual Property.
14. Each party confirms that it owns, or has all necessary rights in the use of, all intellectual property in relation to the Services and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with, the originating party, unless otherwise agreed in writing between the authorised representatives Green Cross Training Ltd and the Purchaser.
15. Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages and expenses which the other may suffer or incur as a result of any claim by a third party in relation to ownership or use of any relevant intellectual property, provided by the other party.
16. Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Agreement including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.
17. Green Cross Training Ltd warrants to provide services with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the services.
18. If the services performed are in breach of Clause 9.1, Green Cross Training Ltd will at its option make good the performance, re-perform the service or refund the Purchaser the relevant Price, subject to availability and the performance being proved to be deficient to the reasonable satisfaction of Green Cross Training Ltd. These obligations
19. will not apply where:
20. the part of the Service concerned was based on information supplied by or varied from the normal Service at the specific request of the Purchaser;
22. the Purchaser failed to notify Green Cross Training Ltd of the defect within 14 days of the supply.
Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’)
23. Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will apply and the Purchasing consumer will have a general right to cancel. In the case of services this will expire 14 days after booking (except for late bookings when it will expire on the date the services are commenced). Subject to the Regulations and to the foregoing, if a request is made to amend services or to cancel services, the following fees may be applied:
in the case of request for transfer:
(a) More than 4 weeks before commencement date: First transfer at no charge, subsequent transfer, 25% of amount charged
(b) Between 2-4 weeks before Commencement date: 25% of amount charged
(c) Less than 2 weeks before Commencement date: 50% of amount charged
in the case of cancellation:
(d) More than 4 weeks before commencement date: Full Refund
(e) Between 2-4 weeks before Commencement date: 50% of amount charged
(f) Less than 2 weeks before Commencement date: 100% of amount charged
24. In all cases, notice of cancellation must be confirmed in writing addressed to the contact details on the booking confirmation letter.
25. Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of its negligence, or for fraudulent Misrepresentation; or in respect of the implied warranties contained in the Supply of Goods and Services Act 1982.
26. In the event of a dispute concerning the Goods or Services the parties shall use their reasonable endeavours to resolve it as soon as practicable. If they fail to do so within 14 days, the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree such method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the English courts.
Consequences of Termination
27. The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The clauses which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
Contracts (Right of Third Parties) Act 1999
28. The parties to the contract incorporating these conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third
29. Parties) Act 1999 by any person not a party to it.
30. Neither party shall be entitled to assign or transfer any of its rights or obligations without the prior written agreement of the other (which shall not be unreasonably withheld or delayed).
31. No failure or delay by a party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
32. If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
33. This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
34. These terms and conditions, and the Agreement into which they are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Supply. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
Compliance with Laws and Regulations
35. Each party shall observe and abide by and shall require its sub-contractors to observe and abide by all laws, regulations and by laws as may apply in relation to the matters contemplated by this Agreement.
Governing Law and Jurisdiction
36. This Site is operated and controlled from the United Kingdom and these Terms and your use of the services offered are governed by and construed in accordance with the laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts.
37. All information that we hold concerning you will be held and processed by Green Cross Training Ltd strictly in accordance with the provisions of the Data.
Protection Act 1998
38. Such data will be used by the organisation to administer our relationship with you as a customer in order to certify your staff with our awarding body TQUK on the Professional drivers first aid course or the
39. Emergency first aid at work (JAUPT) course. We reserve the right to share information with the Joint Approvals Unit for Periodic Training (JAUPT) and the Driving Standards Agency (DSA). We will not, without your consent, supply your name and addresses to any [other] third parties except where (1) such transfer is a necessary part of the activities that we undertake, or (2) we are required to do so by operation of law.
40. As an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact our Data Protection Officer New Business Centre, The Bull Pen, manor Courtyard, Sherington, Milton Keynes, MK16 9NN.