“Purchaser” means you, the person or entity making the Booking and/or named in the Confirmation Letter/email for whom the vendor has agreed to provide a training course or training courses to; “Confirmation Letter/Email” are of equal status and where used in this document are of the same meaning and fully enforceable.
“Contract” means this document for the provision of training course(s); and “Vendor” means EXCEL TRAINING iNTERNATIONAL (ETi) Ltd, a company registered in Scotland with company number SC12866 and having its registered office at 9 Glasgow Road. Paisley PA1 3QS. “Chosen venue” means the location/site arranged by the Purchaser. All definitions mean the same regardless of being in upper or lower case.
2. Course Booking
The Vendor will accept bookings for any of its courses from The Purchaser via The Vendors website or by contacting The Vendor by email. The Purchaser booking any training course(s) (the “Booking”) will be a contract between The Purchaser and The Vendor. The Purchaser understands, agrees and accepts that once a booking has been made and accepted by The Vendor that The Vendors Terms and Conditions will be used by both parties and that The Purchasers terms and conditions are rejected by The Vendor even if The Vendor has agreed to or signed The Purchaser terms and conditions as a requirement set by The Purchaser prior to a course being booked by The Purchaser. The Vendors Terms and Conditions are held to be superior to The Purchasers Terms and Conditions in all circumstances, in all locations, for all time, Worldwide. Once The Purchaser has booked a course The Vendors Terms and Conditions apply form the moment of the booking by The Purchaser. Where applicable, The Purchaser will be sent joining instructions prior to the courses start date. Included within the joining instructions will be details of personal protective clothing The Purchaser and/or any delegates of The Purchaser should bring with them. If The Purchaser uses a purchase order numbering system or a named person to make a booking, the purchase order number or named person must be given to The Vendor at the time of booking. For continuing bookings where The Purchaser uses a named person then that named person will be used until The Purchaser stops using the named person. Agencies/Third parties must pay for the course in advance. The Contract shall come into existence on the receipt by The Vendor of a purchase order number or purchase order name or location from the Purchaser in relation to the Booking. The Purchaser accepts full and total responsibility for all and any course prerequisite or certificates required for any course to be delivered onshore or offshore and holds The Vendor not liable for any course cancellations or non certification/s occurring as a consequences of a valid course prerequisite not having been obtained or until invoices and charges have been paid by The Purchaser to The Vendor. The Purchaser understands and agrees that The Vendor is not responsible for checking or confirming that a course prerequisite is valid or acceptable and that the responsibility for checking or validating any prerequisite is the full responsibility of The Purchaser. Furthermore, The Purchaser accepts full and total responsibility for checking all and any course prerequisites and for any costs arising from any action taken as a consequence of a course having been delivered in good faith by The Vendor for The Purchaser should a course prerequisite not have been complied with [resulting in action taken by The Purchaser or The Vendor e.g. CISRS Scaffold Inspection, CISRS COTS, PASMA or any other schemes or courses requiring specific prerequisites. For the avoidance of doubt it is understood and agreed by The Purchaser that all and any costs incurred as a consequence of a dispute or action taken by The Purchaser or The Vendor or any other party in connection with non compliance of any course prerequisites offshore or onshore or breach of any of The Vendors terms and conditions that all and any costs are payable by The Purchaser. Once The Purchaser has booked a course it is understood and agreed by The Purchaser that The Vendors Terms and Conditions have been accepted by The Purchaser regardless of how the booking was made by The Purchaser.
3. Costing Policy
The Confirmation Letter/Email, where requested by the Purchaser, will contain details of the Booking, and additional charges which may include (but shall not be limited to) the following:-
- a. UK current VAT where applicable;
- b. If the training venue is located outside the Paisley boundary then a return mileage charge of 45 pence per mile from the Vendors training centre to the Purchasers chosen venue will be charged when the Vendors company transport is used;
- c. The Vendor will organise all travel and accommodation and/or visas etc where required and invoice the Purchaser however the vendor is not responsible for any cancellations or delays outwith their control. The Purchaser is fully responsible for providing the Vendor with all information including The Purchasers full company details and any certificates required by the Vendor to allow the Vendor to create a travel plan for the Vendors Trainer/s to the Purchasers chosen venue;
- d. Any transportation expenses such as additional flights, taxis etc. incurred in departure or return to and/or from the Purchaser’s chosen venue;
- e. All journeys to and from the Purchasers chosen venue, offshore or onshore, Worldwide, with a total travel duration of five hours or more from Glasgow, Scotland, to the purchasers chosen venue onshore or offshore, including fixed wing and/or chopper flight/s shall be deemed long haul and will be booked first or business class. All travel days to and from the purchasers chosen venue offshore or onshore are charged at the Vendors normal day rate. Total travel time duration is calculated from Glasgow to venue (outbound) venue to Glasgow (inbound) Venue chosen by the Purchaser. Travel days are charged standard day rate;
- f. If any overseas Purchaser’s have an obligation to pay withholding tax, then this must be stated at the time of the Booking and it will be added to the Vendor’s agreed day rate. Under no circumstances shall the Vendor be held responsible to pay any withholding tax on behalf of the Purchaser;
- g. Any company induction required for onshore or offshore trips/courses will be charged to the Purchaser at an additional day rate, unless this is arranged to occur on day of departure;
- h. The Purchaser is fully responsible for ensuring all equipment, resources and delegates are available to allow the Vendors Trainer to carry out the course/s booked by the Purchaser. If for any reason whatsoever, the Vendors Trainer is sent home earlier than that booked by the Purchaser from the Purchasers chosen venue, offshore or onshore, or the course does not proceed due to circumstances not associated with the Vendor or their Trainer, no refund is given. If the Vendors Trainer is retained longer or delayed in transit, offshore or onshore, any and all additional days will be charged at the full day rate plus 25% to the Purchaser. Additional transportation and hotel fees will be applied where incurred.
- i. Courier charges for the delivery of documents outside the United Kingdom;
- j. Additional copies of any certificates in relation to the training course(s) provided by the Vendor will be charged at £25.00 plus post and current UK VAT per certificate. All certificates will be provided to the Purchaser to an address provided by the Purchaser to the Vendor;
- k. If the delegate is deemed as not having fulfilled the course performance requirement (PR), he/she can retake the course at the designated fee.
4. Payment Policy
Payment terms are as follows:-
- a. Self sponsored individuals and First time Company Purchasers and Third Party/Brokers or anyone booking a Train the Trainer course must pay the full training course fees at least fourteen days prior to the commencement of the training course or later by arrangement but before the course begins. Payment will only be accepted by bank transfer. All payments are subject to conditions as stated in the Vendor’s Cancellation Policy. All Third Party/Brokers and Oil related Onshore/Offshore Companies regardless of location or business address are required to always pay fourteen days in advance of the Contract/course booking start date. For the avoidance of doubt, All and Any Third Party/Brokers shall always pay the Vendor at least fourteen days in advance of the course start date.
- b. Current or previous Oil related Onshore/Offshore Purchasers will be invoiced fourteen days before the commencement of the Contract/course booking. Excluding Train the Trainer which must be paid in advance.
- c. Current or previous Company/Individual Purchasers (direct or indirect) who book training courses at the Vendor’s training centre or the Purchaser’s premises/chosen location will be invoiced between fourteen and one day/s before course commencement.
The Vendor‘s invoices for conditions b) & c) under this payment policy, will become due for payment within 30 days from the invoice date. Certificates of Training are released upon clearance of all invoices via a release code. The Purchaser accepts and agrees that late or non payment of invoices will incur legal and collection costs payable by The Purchaser and all training that has been provided will be deemed to be revoked until The Purchasers invoices and legal and collection charges have been paid. All and Any Overdue payments will incur an additional interest charge of 8% above the base rate of the Bank of England plc from time to time of the total outstanding amount from the due date until it is paid in full.
5. Cancellation Policy
For the avoidance of doubt, Working days are Monday to Friday inclusive. Public and Bank holidays are not counted as working days. The Purchaser is responsible for cancelling their booking. If the Purchaser wishes to cancel the training course(s) booked by the Purchaser then the Purchaser must notify the Vendor in writing of such cancellation, and cancellation charges will be calculated and invoiced to the Purchaser on a sliding scale from the date the Vendor received the written cancellation notice as follows:
5.1. Where the training course is to be delivered at the Purchaser’s premises/site/location onshore:
- a. Less than 14 working days before the training course commencement the Purchaser will be charged 70% of the total cost.
- b. Less than 10 working days before the training course commencement the Purchaser will be charged 85% of the total cost.
- c. Less than 7 working days before the training course commencement the Purchaser will be charged 100% of the total cost.
- d. For the avoidance of doubt, once the invoice has been issued the full fee is payable by The Purchaser. Name changes are free of charge up to the start of the course.
- e. Should a delegate or delegates fail to attend a course (FTA) the full invoice is payable.
5.2. Where the training course is to be delivered
Offshore or at an International location or outside the UK chosen or organised by the Purchaser:
- a. Less than 14 working days before the training course commencement the Purchaser will be charged 70% of the total cost plus any costs incurred by the Vendor under the Contract and as a result of the cancellation.
- b. Less than 10 working days before the training course commencement the Purchaser will be charged 85% of the total cost plus any costs incurred by the Vendor under the Contract and as a result of the cancellation.
- c. Less than 7 working days before the training course commencement the Purchaser will be charged 100% of the total cost plus any costs incurred by the Vendor under the Contract and as a result of the cancellation.
5.3. Where the training course is to be delivered at the Vendor’s Training Centre/Venue.
- a. Less than 10 working days before the training course commencement the Purchaser will be charged 100% of the total cost of the booking.
- b. In the event a delegate or delegates fail to attend a course (FTA) the purchaser will be charged 100% of the total cost of the booking.
- c. In the event a delegate is unwell/injured and does not attend the course a letter from their GP must confirm that the illness/injury prevented the delegate from attending the course and that it was impossible for the delegate to attend the course due to the delegates illness/injury. The course fee will still be charged and the delegate must attend the next course provided by the Vendor or The Purchaser will lose the fee and will need to make a new booking incurring another fee equalling the cost of the lost fee.
- d. Should The Purchaser inform the Vendor that a delegate cannot attend a course then that delegate can be moved to the next available course on one occasion only. The original invoice remains payable and The Purchaser will not be charged for moving a delegate to the next available course however should the delegate not attend the next available course then The Purchaser will lose the full fee and will be required to pay another full fee to allow the delegate to attend another course suitable to The Vendor. A record of changes is maintained to avoid “holding places”.
- e. For the avoidance of doubt, once the invoice has been issued the full fee is payable by The Purchaser. Name changes are free of charge up to the start of the course.
5.4 Should the Vendor cancel the training course(s) booked by the Purchaser as a result of circumstances beyond the Vendors reasonable control, the Purchaser shall have the option to reschedule the performance of such services and/or to provide the training course(s) booked by the Purchaser on a date to be agreed between both parties or refund any payment paid to the Vendor by the Purchaser with no penalties borne by the Vendor.
The Vendor shall not be liable to the Purchaser or be deemed to be in Breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations under the Contract should such delay or failure be caused or contributed to by the Purchaser and/or any of the Purchaser’s delegates or the Purchasers customers where the training course is to be delivered at a venue/location/site chosen by the Purchaser offshore or onshore Worldwide. The Purchaser understands and agrees that the Vendor can cancel a booking without penalty of any type whatsoever and accepts that the Vendor can change a venue when required to do so and that changing a venue is at the sole discretion of the Vendor.
*The purchaser has the option to reschedule the same booking for the same rig, site or location on one occasion only and the original course to be completed within thirty calendar days of the original booking commencement date. Any costs such as Flight/Rail bookings etc associated with the original booking will be payable in addition to any costs associated with the rescheduled booking. The original invoice shall not be retracted and shall still be payable by the due date even if the rescheduled course has not yet been delivered. The thirty day option is excluded and the full fee is payable including all and any travel and/or hotel costs in the event the Trainer has commenced his/her travel to The Purchasers chosen Venue, Rig, location, Air/Heliport or if the Trainer has attended for check-in at a heliport or point of departure arranged by The Purchaser and a trip, journey, sailing or flight has been delayed, held back, aborted for any reason whatsoever.
6. PURCHASER RESPONSIBILITY RELATING TO CONFIRMATION TRAINING BOOKING AGREEMENT AND JOINING INSTRUCTIONS
6.1 The Purchaser must ensure that The Purchaser and any delegate of the Purchaser who is to attend a training course at the Vendor’s training centre/venue, receives, reads, understands and complies with all of the requirements contained in the joining instructions as detailed under this condition in order for the Vendor to effectively deliver the training course(s).
6.2 The Vendor shall have no liability to the Purchaser for any loss, damage,
costs, expenses or other claims for compensation arising from any materials or instructions supplied by the Purchaser which are incomplete, incorrect, inaccurate, illegible out of sequence or in the wrong form or any other fault of the Purchaser.
Health and Safety
Should the Purchaser or any of the Purchaser’s delegates attending any training course fail to comply with such policies and statutory regulations or behave in a manner deemed unacceptable or inappropriate by the Vendor or Vendors Trainer/s (the Vendor being the sole judge),the Vendor will reserve the right to instruct the Purchaser or the Purchaser’s delegate(s) attending the course to leave or otherwise be removed from the Vendor’s premises with no right to attend the training course but still be bound to pay the total payment due to the Vendor as stated in the Confirmation Letter/Email or receive no reimbursement of any sums already paid by the Purchaser to the Vendor. The purchaser is responsible for all aspects of health and safety when courses are delivered on/ in the Purchasers chosen location/site/venue offshore or onshore.
The Purchaser will be informed of the training course start time and venue on confirmation of the Booking. Delegates are to arrive at least 10 to 15 minutes prior to start time. If the Purchaser and/or any of the Purchaser’s delegates arrive late they may not be able to participate in the training course and the Purchaser will still be charged the full amount stated on the Confirmation Letter/Email and where appropriate the Purchaser will be notified if only the Purchaser’s delegates are attending.
Please read the Confirmation Letter/Email and Joining instructions carefully and ensure that the Purchaser and any of the Purchaser’s delegates bring all necessary documents, clothing and PPE which is detailed in the joining instructions. Failure to do so may result in the Vendor’s refusal to allow the Purchaser and/or any of the Purchaser’s delegates to attend the training course with the full amount stated in the Confirmation Letter being payable.
The Purchaser is responsible for informing the Vendor at least fourteen working days in advance of a course commencing about any specific offshore certificates or courses the Vendors trainer/s must have prior to delivering a course at a offshore or onshore location/rig/ship/vessel/site chosen by the Purchaser. The Purchaser must ensure that it forwards all required documentation requested by the Vendor in a timeous manner prior to the training course commencement. Failure to comply with the Confirmation Letter/Email and/or joining instructions in any will result in the cancellation of the training course with the full amount payable by the Purchaser.
Clothing and Personal Property
The Vendor shall have no Liability to the Purchaser or any of the Purchaser’s delegates attending the training course for any loss, damage, costs, expenses or claims for compensation for any personal property belonging to them. Lockers will be provided to all delegates attending training courses at the Vendor’s premises who cannot have personal items in their possession during the training course they are participating in.
Any damage caused by the Purchaser or any of the Purchaser’s delegates, employees, contractors and/or representatives to the Purchaser’s premises and/or any of the facilities, furnishings and/or equipment of the Vendor will be repaired and rectified by the Vendor and will be invoiced to and paid for by the Purchaser. Any damage caused by any representative of the Vendor to the Purchaser’s premises and/or any of the facilities, furnishings and/or equipment of the Purchaser will be repaired and rectified by the Purchaser and invoiced to and paid for by the Vendor.
Bad behaviour will not be tolerated during any training course or within the Vendor’s training centre. If the Purchaser or any of the Purchaser’s delegates do not behave appropriately and/or reasonably in the Vendor’s sole opinion, they will be suspended from the training course or removed from the Vendor’s training centre. Should the Purchaser or any of the Purchaser’s delegates be suspended from a training course or be removed from the Vendor’s training centre under this condition, the full sum stated in the Confirmation Letter will be payable by the Purchaser.
Due to the physical activity content in some of the training courses provided by the Vendor, the Purchaser must ensure that all delegates booked onto the training courses are medically fit before they attempt to participate in any training course. If the Purchaser and/or any of the Purchaser’s delegates have a disability, the Purchaser must notify the Vendor at the time of the Booking, and the Vendor will endeavour to overcome this to the best of its ability.
The Vendor’s training courses are generally conveyed in English language, if the Purchaser and/or any of the Purchaser’s delegates attending the training course are not competent in understanding English language or literature, it is the Purchaser’s responsibility to Contact the vendor with the Purchaser’s concern at the time of the Booking. A translator can be hired by the Purchaser at the Purchaser’s cost and such translator may accompany the Purchaser and/or any of the Purchaser’s delegates on the training course but the translator will not receive a certificate of training for attendance at any training event. Any changes to the Booking or to these conditions must be agreed in writing between the Vendor and the Purchaser. Any translator acting for any delegate must comply with these terms and conditions and the Purchaser shall be responsible and liable for all the actions or failure to act by the translator as if the translator was one of the Purchaser’s delegates.
The Purchaser must specify any special requests such as dietary requirements, any disability or religious commitments to the Vendor at the time of the Booking. If the Vendor is not advised of these requests at the time of Booking then the Vendor will not be liable for taking any of these requirements into consideration.
The Purchaser must not reproduce, copy, publish or sell any materials, information or documents supplied by the Vendor to the Purchaser or belonging to the Vendor. Any materials, information or documents supplied to the Purchaser is for the Purchaser’s personal use only. The Vendors materials are protected by International copyright.
8.1 The Purchaser shall be responsible for and shall save, indemnify, defend and hold harmless the Vendor from and against any and all loss, damages, liabilities, claims, judgments, decree awards, actions, costs and expenses arising in connection with the performance or non-performance of all obligations and liabilities required by law to be performed and borne in respect of any and all of any services and/or training courses supplied to the Purchaser pursuant to the Contract, including without limiting the generality of the foregoing, Obligations and liabilities in connection with the termination of the Contract.
8.2 The Vendor shall not be liable to the Purchaser by any means of 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 loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether or not caused by the negligence of the Vendor, its employees, subcontractors or agents or otherwise) which arise out of or in connection with the provision of any services, training courses or their use by the Purchaser, and in any case, the Vendor’s liability to the Purchaser will not exceed the total amount paid by the Purchaser to the Vendor for any one course.
8.3 The Vendor warrants to the Purchaser that its training courses will be provided using reasonable care and skill and, as far as reasonably possible in accordance with the Confirmation Letter/Email and instructions as agreed between the Vendor and the Purchaser. Courses do not include Train the Trainer or Shadowing or recording in any form whatsoever.
8.4 The Vendor accepts no responsibility for failure by or actions of a third party. Furthermore, where the Vendor supplies, in connection with the provision of the training course(s) or any other services to the Purchaser, any information provided by a third party, the Vendor does not give any warranty, guarantee or indemnity in respect of such information.
8.5 The Purchaser is fully responsible for organising and ensuring all equipment, resources and delegates/crews required to deliver the course booked by the Purchaser to be delivered at a venue chosen or arranged by the Purchaser offshore or onshore by the Vendors trainer. The Purchaser is liable for all costs and fees incurred in the event of a course booked by the Purchaser that cannot proceed due to the absence of any equipment, resources, accommodation, crew, delegates or omission of important information linked to the booking or delivery of the course booked by the Purchaser which is to be delivered at a venue chosen by the Purchaser. All costs and fees are payable and non refundable.
9. Information Confidentiality
The Vendor shall comply with ‘The Data Protection Act 1998’ (the “1998”Act) when processing any personal data within or out of its systems (as defined by the 1998 Act).
10. Website and Internet Security
The Vendor shall take reasonable precautions to ensure that any data provided by the Purchaser through its website or by email is secure. The Purchaser provides any data to the Vendor through its website and/or by email at the Purchaser’s own risk on the understanding that any transmission of data through the internet is not entirely secure.
11. Applicable Law
These conditions shall be deemed to have been made in Scotland and the construction validity and performance of them shall be governed in all respects by Scottish Law. Any and all disputes shall be settled using Scottish Law.