Terms & Conditions – Premier Partnership

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Terms & Conditions

OUR TERMS

1.   THESE TERMS

  • 1.1   What these terms cover. These are the terms and conditions on which we supply services to you, whether these are training services (in the form of one-off or a programme of face-to-face training courses (with associated course materials), examinations and/or certifications) or e-learning or digital content (such as pre-recorded online training courses and/or online training programmes delivered virtually).
  • 1.2   Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
  • 1.3   Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

    (a)   You are an individual.
    (b)   You are buying training services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

    Provisions specific to consumers only are in BLUE and those specific to business customers only are in RED.
  • 1.4   If you are a business customer this is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase of services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

2.   ABOUT US

  • 2.1   Who we are.  We are Premier People Solutions Limited t/as Premier Partnership (company number 05997338) (we and us) is a company registered in England and Wales and our registered office and main trading address is at 3 Derwent House, Richmond Business Park Sidings, Court Doncaster, South Yorkshire, DN4 5NL. Our VAT number is 927–5176-04. We operate the website www.premier-partnership.co.uk. 
  • 2.2   Contacting us. To contact us, telephone our customer service team at 01302 36970 or email us at training@premier-partnership.co.uk. 
  • 2.3   How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  • 2.4   "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.   OUR CONTRACT WITH YOU

  • 3.1   Our Contract (consumers). Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. These terms and conditions (Terms) apply to the order by you and supply of services by us to you (Contract).

    Our Contract (business customers). These terms and conditions (Terms) apply to the order by you and supply of services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
  • 3.2   Language. These Terms and the Contract are made only in the English language.
  • 3.3   How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

4.    PLACING AN ORDER AND ITS ACCEPTANCE

  • 4.1   Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on our website. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
  • 4.2   Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
  • 4.3   Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
  • 4.4   Accepting your order. Our acceptance of your order (which will, at all times, be subject to course availability) takes place when we send an email to you to accept it and provide joining instructions (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
  • 4.5   If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will (at our discretion) offer you a rescheduled date or refund you the full amount. This might be because the Services cannot be delivered because of trainer incapacity due to illness or because of low subscription to the training course you have booked; or because of unexpected limits on our resources, which we could not reasonably plan for; or because we have identified an error in the price or description of the Services; or because we are unable to meet a delivery date or deadline specified by you.

5.    YOUR RIGHTS TO MAKE CHANGES

  • 5.1   If you wish to make a change to the Services you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Charges for the Services, the timing of supply or anything else which would be necessary as a result of your requested change. We will then ask you to confirm whether you wish to go ahead with the change.

6.   CANCELLING YOUR ORDER (Consumers)

  • 6.1   You can always end your contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or a business customer:

    (a)   If what you have bought is mis-described you may have a legal right to end the Contract (or to have some or all of the Services re-performed or to get some or all of your money back), see clause 6.2;
    (b)   If you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2;
    (c)   If you are a consumer and have just changed your mind about the Services, see clauses 6.3-6.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any training materials;
    (d)   In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.6.
  • 6.2   Ending the Contract because of something we have done or are going to do. If you are ending the Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

    (a)   we have told you about an upcoming change to these Terms which you do not agree to (see clause 7.3);
    (b)   we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
    (c)   there is a risk that supply of the Services may be significantly delayed because of Events Outside Our Control (see clause 19);
    (d)   we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 45 days; or
    (e)   you have a legal right to end the Contract because of something we have done wrong.
  • 6.3   Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in clauses 6.4 and 6.5 of these Terms.
  • 6.4   When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

    (a)   digital products after you have started to download or stream them; or
    (b)   Services, once they have been completed, even if the cancellation period under clause 6.3 is still running.
  • 6.5   How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered:

    (a)   Where you have bought Services, such as a training course at which you are required to attend in person or online on a set date and time, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the Services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started to perform the Services, even if that is during the cancellation period, you must pay us for the Services provided up until the time you tell us that you have changed your mind, including for any course materials that you have received up to that time.
    (b)   Where you have bought Services by way of digital content for download or streaming (for example, a pre-recorded training course or e-learning), you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
  • 6.6    Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 6.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the Contract before it is completed (where we are not at fault and you are not a consumer who has changed their mind), you must write to us to let us know in accordance with clause 6.7. The Contract will end immediately, and we will refund any sums paid by you for Services not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract, based on the timing of the cancellation in accordance with the following tables: 

    (a)   Public Courses (i.e. a training course open to any number of delegates, who may book to attend as individuals or groups of individuals) 
Time of Cancellation (i.e. number of days prior to Services start date)Cancellation Fee due from youAmount of refund to you
(For consumers) During the 14-day period prescribed under clause 6.3, but subject to clauses 6.4 and 6.5.
 
NB: Once that period has expired, the cancellation terms set out in the remainder of this table shall apply.
0%100% of Charges paid for the booking cancelled
21 business days or more (Public Course)0%100% of Charges paid for the booking cancelled 
0 – 20 business days (Public Course)100%0% of Charges paid for the booking cancelled 
  • (b)   Closed Event (i.e. a training course which is to be run specifically for a group of individuals to attend for the purpose of specific private training).
Time of Cancellation (i.e. number of days prior to Services start date)Cancellation Fee due from youAmount of refund to you
(For consumers) During the 14-day period prescribed under clause 6.3, but subject to clauses 6.4 and 6.5.

NB: Once that period has expired, the cancellation terms set out in the remainder of this table shall apply.

0%100% of Charges paid for the booking cancelled
15 business days or more (Closed Event)0%100% of Charges paid for the booking cancelled 
10-15 business days (Closed Event)50%50% of Charges paid for the booking cancelled
0-9 Business days Closed Event)100%0% of Charges paid for the booking cancelled 
  • 6.7   Where you have placed an order and paid in advance to attend a programme of training courses, as part of a certification or other programme, and attend some but not all of the courses within that programme, you will not be able to cancel the courses not attended. Instead, it will be treated as a non-attendance by you and no refund will be payable. Where you can demonstrate that your non-attendance was due to illness and/or other exceptional circumstances beyond your reasonable control, we may (at our discretion) agree to postpone your attendance for missed courses from the programme to another date.
  • 6.8   To cancel the Contract, or any part of the Services, you must complete the Cancellation Form on our website. A link to the website Cancellation Form will be included in our Order Confirmation. We will email you to confirm we have received your cancellation. 
  • 6.9   Refunds. If you cancel the Contract or any part of the Services, we will aim to refund you for the price paid for all or part of the Services cancelled, by the same method you used for the original payment within 28 calendar days. We may deduct from any refund an amount for the supply of the Services provided for the period up to the time when you gave notice of cancellation in accordance with clause 6.6. We shall not be responsible for any fluctuation and/or change in bank charges and/or exchange rates in respect of refunds to non-UK bank accounts or credit cards or other repayment methods. For the avoidance of doubt, no refunds will be given in respect of any costs of which you are informed, at the time of booking and/or at any time during the booking process, are non-refundable.
  • 6.10   Rescheduling your course or examination. If you would like to request a reschedule of any part of the Services (for example, the date of attendance on a course or an examination), you must complete the Request for Change Form on our website. A link to the website Request for Change form will be included in our Order Confirmation. We will email you to confirm we have received your request. Alternatively, you can contact us in accordance with clause 6.7 by email or telephone or by post. Our ability to reschedule any part of the Services may depend on the timing of your request for reschedule and/or the conditions of booking of any relevant examination body. If we are unable to reschedule any part of the Services, they will be treated instead as a cancellation request under clause 6.6 to which clause 6.9 shall also apply. 

7.   OUR SERVICES

  • 7.1   Descriptions and illustrations. Any descriptions or illustrations on our site, brochures, marketing materials or likewise are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force. 
  • 7.2   Compliance with specification. Subject to our right to amend the specification (see clause 7.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects. 
  • 7.3   Our rights to make changes.  

    (a)   Minor changes. We may change the specification of the Services to reflect changes in relevant laws and regulatory requirement or to implement minor technical or other adjustments and improvements which will not materially affect the nature or quality of the Services without notice to you. Such changes may include minor updates to the content of courses and course materials, as we deem appropriate.
    (b)   More significant changes. Where we make more significant changes to the specification of the Services (such as significant and material changes to course content and/or course materials), we will notify you in advance of any such change.
  • 7.4   Course Materials. We will always aim to make the relevant course materials available at the earliest opportunity and, wherever possible, at least 7 calendar days prior to the date of a course, as part of the joining instructions. Where there is a delay in the provision of course materials, we will take steps to provide them (or part thereof) to you at the earliest opportunity.  
  • 7.5   Reasonable care and skill (Business Customers). We warrant to you that the Services will be provided using reasonable care and skill.
  • 7.6   Time for performance (Business Customers). We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

8.   YOUR OBLIGATIONS

  • 8.1   Consumers. It is your responsibility to ensure that:

    (a)   the terms of your order are complete and accurate;
    (b)   you cooperate with us in all matters relating to the Services;
    (c)   you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate to the best of your knowledge; 
    (d)   you take time to assess your suitability for the nature and content of the relevant training course or programme being ordered by you. We reserve the right (at our sole discretion) to refuse admission to face to face training courses and programmes where any individual is assessed as being unable to complete the training for reasons of health and safety or otherwise ensuring compliance with relevant laws. Where we have to refuse your admission onto a training course or programme, it shall be treated as a cancellation in accordance with clause 6.6;
    (e)   when attending at our premises for any part of the Services, you must adhere to our reasonable requirements (for example, in relation to health and safety) where your compliance is necessary for us to comply with our legal requirements as a service provider.
  • 8.2   Business customers. It is your responsibility to ensure that: 

    (a)   
    the terms of your order are complete and accurate;
    (b)   you cooperate with us in all matters relating to the Services;
    (c)   where applicable, you provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require;
    (d)   you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; 
    (e)   you correctly assess the suitability of any individual(s) to the nature and content of the relevant training being procured by you as part of the Services; and we reserve the right (at our sole discretion) to refuse admission where an individual is assessed as being unable to complete the training, in the interests of ensuring compliance with health and safety and other applicable laws, wherein, without prejudice to our rights and remedies under clause 8.3, such refusal shall be treated as a cancellation in accordance with clause 6.6;
    (f)   where applicable, you adequately prepare your premises for the supply of the Services and where such premises are not so prepared and/or, inter alia, do not comply with clause 8.1(h), we reserve the right (at our sole discretion) to decline to perform the Services until the premises are properly prepared and clause 8.3 shall apply;
    (g)   you obtain and maintain all necessary licences, permissions and consents which may be required for the performance of the Services before the date on which the Services are to start;
    (h)   where applicable, you comply with all applicable laws, including health and safety laws for the performance of the Services; and
    (i)   where applicable, you keep all of our materials, equipment, documents and other property (Our Materials) at your premises in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation.
  • 8.3   If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 8.2 (Your Default):

    (a)   we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 14 (Our Rights to End the Contract);
    (b)   we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
    (c)   it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

9.   SERVICES IN UK ONLY

  • 9.1   Unfortunately, we are unable to perform the Services at addresses outside the UK.
  • 9.2   You may place an order for the Services from an address outside the UK, but the order must be for performance of the Services at an address in the UK.

10.   CHARGES

  • 10.1   In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 10.
  • 10.2   Subject to clause 10.6, the Charges are the prices quoted on our site at the time you submit your order. The prices quoted are exclusive of any and all travel, accommodation, living expenses or other associated costs for attending any training course provided by us as part of the Services. 
  • 10.3   If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
  • 10.4   We take all reasonable care to ensure that the Charges stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 10.7 for what happens if we discover an error in the price of the Services you ordered.
  • 10.5   Our Charges may change from time to time, but changes will not affect any order you have already placed. If a third-party certification or examination body or service provider changes its examination or certification or material cost, we reserve the right to adjust the relevant Charges to reflect such change. 
  • 10.6   Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
  • 10.7   It is always possible that, despite our reasonable efforts, some of the Services on our website may be incorrectly priced. Where the correct price for the Services is less than the price stated on our website, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may cancel supply of the Services and refund you any sums you have paid.

11.   HOW TO PAY

  • 11.1   Payment for the Services is in advance. We will take your payment on receipt of your order, unless otherwise stated by us. 
  • 11.2   You can pay for the Services using a debit card or credit card. We accept the following cards: Visa, Mastercard, American Express, Discover, Diners Club, Maestro.
  • 11.3   Customers making payments from non-UK bank accounts or credit cards are responsible for all charges, taxes or other levies which may be applied to that transaction.
  • 11.4   We will send you an electronic invoice within 7 calendar days of the beginning of the month following payment. For any failed or cancelled payments, a £20 administration fee will be levied.  

12.   COMPLAINTS

  • 12.1 If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy, see COMPLAINTS POLICY.

13.   INTELLECTUAL PROPERTY RIGHTS

  • 13.1   All intellectual property rights in or arising out of or in connection with the Services (including any course materials) will at all times be, and shall remain, owned by us. You are only permitted to use any course content and/or course materials strictly for the purposes of the course to which they relate and must not reproduce, disseminate, sell, copy or otherwise deal with such material in a way which may seek to harm our intellectual property rights.  

14.   OUR RIGHTS TO END THE CONTRACT

  • 14.1   We may end the Contract if you break it. We may end the Contract for Services at any time by writing to you if:

    (a)   you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
    (b)   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services to you; or
    (c)   in the case of a Consumer, you do not comply with your obligations to us under clause 8.1; or
    (d)   in the case of a Business Customer, you do not comply with your obligations to us under clause 8.2.
  • 14.2   You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

15.   IF THERE IS A PROBLEM WITH THE SERVICES

  • 15.1   How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 01302 369700 or write to us at training@premier-partnership.co.uk. 
  • 15.2   Summary of your legal rights (Consumers). We are under a legal duty to supply services that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

    Summary of your key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is services, for example attendance at a training course or e-learning or training delivered virtually, the Consumer Rights Act 2015 says:

    (a)   You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
    (b)   If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
    (c)   If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

16.   HOW WE MAY USE YOUR PERSONAL INFORMATION

  • 16.1   We will use any personal information you provide to us to:

    (a)   provide the Services (including to any third party who is providing the Services on our behalf); 
    (b)   process your payment for the Services; 
    (c)   booking examinations and/or obtaining relevant certifications; and
    (d)   inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
  • 16.2   We will process your personal information in accordance with our PRIVACY & COOKIES POLICY, the terms of which are incorporated into this Contract.

17.   OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY A CONSUMER

  • 17.1   We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.
  • 17.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors for fraud or fraudulent misrepresentation. We shall not be liable for any personal injury caused by your own negligence or the negligence of a third party, who is not under our control.
  • 17.3   We are not liable for business losses. If you are a consumer, we only supply the Services to you for domestic and private use. If you use any part of the Services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.1. We will also not be liable to you for any loss of use or corruption of software, data or information arising out of or in connection with any viruses on your computer or other hardware systems. 

18.   OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY A BUSINESS CUSTOMER

  • 18.1   Nothing in the Contract shall limit or exclude liability which cannot legally be limited, including liability for:

    (a)   death or personal injury caused by our negligence;
    (b)   fraud or fraudulent misrepresentation; and
    (c)   breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • 18.2   Subject to clause 18.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

    (a)   loss of profits;
    (b)   loss of sales or business;
    (c)   loss of agreements or contracts;
    (d)   loss of anticipated savings;
    (e)   loss of use or corruption of software, data or information;
    (f)   loss of or damage to goodwill; and
    (g)   any indirect or consequential loss.
  • 18.3   Subject to clause 18.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid by you under the Contract.
  • 18.4   We have given commitments as to compliance of the Services with the relevant specification in clause 7.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
  • 18.5   Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
  • 18.6   This clause 18 will survive termination of the Contract.

19.   EVENTS OUTSIDE OUR CONTROL

  • 19.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control)
  • 19.2   If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

    (a)   we will contact you as soon as reasonably possible to notify you; and
    (b)   our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
  • 19.3   You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 45 days. To cancel, please contact us. If you opt to cancel we will refund the Charges you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

20.   NON-SOLICITATION (BUSINESS CUSTOMERS)

  • 20.1   You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.

21.   GENERAL TERMS

  • 21.1   We may transfer the Contract to someone else (consumer). We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer, you may contact us to end the Contract within 7 calendar days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
  • 21.2   You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms and the Contract to another person if we agree to this in writing.
  • 21.3   Assignment and transfer (business customers). We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing. 
  • 21.4    Any changes to these Terms and the Contract. Except as expressly set out in these Terms, any changes to your rights or your obligations (or our rights and obligations) under these Terms and the Contract will only take effect if it is in writing and signed by you and us (or our respective authorised representatives).
  • 21.5   Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
  • 21.6   If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
  • 21.7   Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching the terms of the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
  • 21.8   Laws applying to the Contract and where you may bring legal proceedings (consumer). These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
  • 21.9   Governing Law and Jurisdiction (business customers). The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

David Pearson
Director