TERMS AND CONDITIONS FOR TRAINING/ CONSULTANCY SERVICES

  1. Interpretation and Definitions

The following expressions shall have the following meanings: –

1.1 “Client” means the client specified in the Quotation.

1.1.1 “Company” means E360 Group Limited.

1.1.2 “Conditions” means these terms and conditions as amended from time to time in accordance with clause 17.

1.1.3 “Contract” means the contract between the Company and the Client for the supply of Services in accordance with these Conditions.

1.1.4″Order” means the Client’s order for Services as set out in the Company’s standard order form.

1.1.5 “Quotation” means the written quotation for the performance of the Services or any consultancy services as may from time to time be amended by the written agreement of the parties.

1.1.6 “Services” means the closed courses or any other consultancy services as detailed in the Quotation.

1.1.7 “Working Day” means a day (other than a Saturday, Sunday or Public holiday).

1.2 The headings to these Conditions are for guidance only and shall not affect the construction of the Contract. The singular shall include the plural and vice versa.

1.3 Where there is any conflict or inconsistency between the provisions of the Contract, such conflict or inconsistency shall be resolved according to the following order of priority:

1.3.1 the Quotation;

1.3.2 these Conditions;

1.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.5 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under

  1. General

2.1 The terms and conditions of E360 Group Limited (hereafter called the ‘Company’) covering the supply of training services are contained herein.

 2.2 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company and only under a signed written agreement.

 2.3 The Company accepts orders for training through its website, by telephone, word of mouth and by email. In placing an order with the Company, the client is deemed to have accepted the terms and conditions as contained herein.

2.4 These terms and conditions are available in printing on request and on the Company website. All clients will be informed of these terms and conditions by email.

2.5 These terms and conditions are correct at the date shown on the relevant course booking/registration documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable or on request.

2.6 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company (either as agent or principal) in the provision of training/consultancy services. These terms and conditions do not cover any contract, relationship or engagement with any person, freelance or entity employed by the Company or engaged to perform training services on behalf of the Company.

  1. Contract Formation and Right to Cancel

3.1 The Contract Start Date shall be defined as either the day on which the Company accepts payment for training/consultancy services or when it receives an official order to supply training services from the client. Whichever date is the earliest shall be defined as the Contract start date.

3.2 All complaints and claims relating to Contracts with the Company must be received in writing to sales@egroup360.com and within 14 days of the Contract start date. The Company will respond to all complaints within 30 days of their receipt.

  1. Training Course Requirements

4.1 Where the training being provided is other than theoretical or classroom based, delegates must provide, unless previously agreed by the Company, their own overalls, safety helmets, protective gloves, safety footwear, waterproof clothing, safety glasses/visor, ear defenders and / or any other personal equipment required to undertake the course. It is the delegates responsibility to ensure they are conversant with what equipment they are personally required to provide and the Company will bear no responsibility for delegates being unable to participate in any training program because of any shortfall or equipment omission.

4.2 Equipment owned by or leased/lent to the client must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the relevant client.

4.3 Certificates are awarded at the discretion of the Company, and only to those who successfully complete the training satisfactorily. At the discretion of the relevant trainer, delegates that have failed any element of the training may be allowed to complete the training course although this will still result in a failure and the delegate will be required to re-take the entire course and pay the applicable fee. Delegates are required to be punctual at all courses and at all sessions.

 4.4 Where training is carried outside of the Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or client and the Company does not accept any liability in this regard.

 4.5 The client must ensure that training carried out at locations as specified by them has adequate room in which to carry out both the practical and theoretical elements of the training.

 4.6 Consumption of alcohol or non-prescription drugs and smoking is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave Company premises. Where a delegate is undergoing a course of prescribed drugs they should inform the Company of the nature of the drug and any side effects. The Company may then seek assurance that training can be carried out without risk. The decision of the Company in relation to this is final.

 4.7 Unless otherwise agreed beforehand in writing, the registration and issuing of certification and/or accreditation will only be recognized and delivered by the Company once payment from the client has been received and paid in full.

  1. Prices

5.1 The Client agrees to pay the fees and expenses at the rates and in the manner set out in the Quotation. Value Added Tax (VAT) is not included and will be charged at the standard rate and shall be payable by the Client in addition to the fees and expenses on receipt by the Client of a valid VAT invoice from the Company.

5.2 Invoices will be submitted by the Company as provided in the Quotation and shall be paid by the Client within 28 days of the date of the invoice.

5.3 In the event of late payment for whatever reason and without prejudice to its other rights and remedies, the Company shall have the right: –

5.3.1 to suspend any further performance of the Services for such period as the Company feels fit including where appropriate the issuing of any exam results;

5.3.2 to charge interest on all outstanding monies due from the Client to the Company at the rate of 4%. The Client shall pay the interest together with the overdue amount.

5.4 Travel and subsistence costs including but not limited to travelling expenses, hotel costs, subsistence’s and any associated expenses reasonably incurred by the Company or its representatives during the performance of the Services shall be for the account of the Client and shall be paid as soon as reasonably practicable following request.

5.5 If the performance of the Services is suspended or cancelled at the request of the Client or is prevented or delayed by any act or omission by the Client or through any failure or delay by the Client, including but not limited to the performance of its obligations then the Company shall be immediately entitled to:

5.5.1 full payment for Services commenced prior to suspension, cancellation or delay by the Client; and

5.5.2 the cost of the cancelled Service fees set out in the Quotation based on the following sliding scale:

Cancellation within three Working Days – 100% of fees.

Cancellation within five Working Days – 90% of fees.

Cancellation within ten Working Days – 75% of fees.

Cancellation within fifteen Working Days – 50% of fees; and

5.6 All payments to be made by the Client under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.

  1. Settlement Terms

6.1 Unless otherwise agreed, payment for all training booked and confirmed by the client must be made prior to the training course booked taking place. Payment can be made by Bank Transfer or by cheque.

6.2 All training courses booked will state the relevant registration, administration and certification fees which are to be paid for on or before the first day of the training course.

  1. Exams

7.1 – All exam fees or offers relating to exam fees included as part of the purchase price will expire 12 months from purchase date. The purchase date will be deemed to be the date on which payment is received by the company for the agreed services.

7.2 – Such exam fees or offers are only applicable for a single sitting per unit – any subsequent exams will be charged at an additional re-sit fee.

  1. Clients Obligation

8.1 The Client agrees to give the Company such information advice and assistance relating to the Services as the Company may reasonably require within sufficient time to enable the Company to perform the Services in accordance with the Quotation.

8.2 The Client shall be responsible to the Company for ensuring the accuracy of any information submitted by the Client.

8.3 The Client shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Client’s information.

8.4 The Client shall indemnify the Company against all claims, actions, losses, damages, costs and expenses incurred by the Company arising from or due to the negligence of the Client its servants or agents.

8.5 Any property supplied to the Company by or on behalf of the Client shall be held and worked upon by the Company at the Client’s risk. The Company shall not be liable for any loss or damage to any such property.

8.6 The Client shall comply with all applicable health and safety legislation and regulations in respect of any employee of the Company or self-employed person engaged by the Company to provide the Services whilst such person is working on the Client’s premises and the Client shall provide the Company with such information as is necessary to enable the Company to comply with all applicable health and safety legislation and regulations in respect of that person.

  1. Intellectual Property Rights

9.1 Copyright in all original drawings, designs, course materials, Quotations, reports and other recorded matter whether made in connection with the Quotation, and/or the Services or otherwise shall remain vested in the Company at all times.

9.2 No part of any course materials, consultancy reports, management systems or any other materials provided by the Company may be reproduced or transmitted in any form or by any means or stored in any retrieval system of any nature without prior permission, except as it may be permitted to do so by law.

9.3 Unless otherwise agreed in writing ownership of all inventions discoveries and improvements thereto which arise in connection with the Quotation and/or the Services shall vest in the Company provided that the Company shall grant to the Client a non-exclusive royalty free license to use such inventions discoveries and improvements.

  1. Confidentiality

10.1 All drawings and technical information supplied by the Client to the Company and all information supplied by the Company to the Client shall be deemed to have been furnished in confidence for the purpose authorized by the Quotation or acknowledgement of Order and no other. The recipient party shall take all reasonable precautions to prevent communication of any such information to any of its employees or to any third party except as may be necessary in order to carry out the purpose of the Quotation or the Services. If disclosure to an employee or a third party is necessary for such purposes, then such employee or third party shall be required to observe the same confidentiality obligation as the recipient party.

10.2 Neither the Company nor the Client shall use the name of the other in any publicity material nor publish anything relating to work being undertaken pursuant to the performance of the Services without the prior written permission of the other (such permission not to be unreasonably withheld).

10.3 The obligations of confidentiality and non-publication contained in Clauses 10.1 and 10.2 shall not apply to any information which: –

10.3.1 is in or entered the public domain other than by virtue of the recipient’s act or omission;

10.3.2 is known to the recipient at the time of the disclosure to the recipient provided that the recipient produces to the other satisfactory evidence of the same within 14 days of such disclosure;

10.3.3 is required to be disclosed by the recipient by a court of competent jurisdiction or any UK government or regulatory authority.

  1. Termination

11.1 The Company may by written notice terminate the Contract with immediate effect if the Client is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Notwithstanding any other provision in these Conditions, failure to pay any sums due in accordance with clause 4.2 is a material breach of the terms of the Contract.

11.2 The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Client or the Company accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.

  1. Health and Safety

12.1 Where training is carried out on Company premises, all delegates must read, fully understand and conform to the Health and Safety induction by the Company.

  1. For online course access and content

13.1 Upon allocation, online keys will remain valid for use for the specified course period. Once this period has expired any keys not allocated to a user will become invalid.

13.2 The company cannot guarantee that access to the online course materials will be uninterrupted, however the relationship between the Company and its LMS provider is such that the LMS provider will use commercially reasonable efforts to make the LMS available 24 hours a day, 7 days a week, except for:

13.2.1 Planned downtime, of which the LMS provider shall give the Company at least 8 hours’ notice which the Company will inform the Client of as soon as possible, taking into consideration different time zones;

13.2.2 Any unavailability caused by circumstances beyond the LMS providers control, including without limitation, acts of God, acts of Government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving the LMS provider’s employees), or internet service provider failures or delays.

13.3 All course content is created in accordance with the current course syllabus and reasonable efforts are made to ensure that the materials are updated promptly, in light of significant changes to legislation and guidance, or requirements of the approving bodies.

13.3.1 Except as specifically provided for by law the Company does not give any warranties, whether express or implied as to the currency, fitness or quality of the course materials or that the course materials are free from errors or defects.

13.3.2 The course materials contain links to other websites. Unless expressly stated, these web sites are not under the control of the Company and therefore the Company assumes no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

  1. Applicable Law

13.1 These Conditions, the Quotation, the Company’s standard forms and the Contract shall be governed by and construed in accordance with the laws of Uganda and the Company and the Client submit to the exclusive jurisdiction of the High Court of Uganda.

  1. Force Majeure

14.1 The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.

  1. Communications

15.1 All communications to the Company shall be addressed to E360 Group Limited at the address of the Company set out in the Quotation.

15.2 All communications to the Client shall be sent to the address appearing in the Quotation unless some other address has been notified in writing to the Company.

  1. Entire Agreement

These Conditions together with the Company’s standard order form and the Company’s acknowledgement of Order shall form the entire agreement between the Company and the Client. These Conditions shall supersede and prevail over terms and conditions sought to be imposed by the Client provided that this shall not exclude any liability which the Company would otherwise have to the Client in respect of any statements made fraudulently by the Company prior to the date of the Order.

 

 Should anything be unclear within these terms and conditions, then please feel free to contact us by sending an email to sales@egroup360.com