Telephone Trainers Ltd TERMS and CONDITIONS FOR TRAINING COURSES
The following constitute the terms and conditions to which applicants agree when booking any standard Telephone Trainers Ltd on-site face-to-face training online remote courses, or e-learning (“Terms & Conditions” or “Agreement”)). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company, your client or other legal entity, then “Customer” or “you” or ““your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company or such entity and its affiliates to these Terms & Conditions. Telephone Trainers Ltd and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use any documentation, training material or content whether printed or available online, provided by Telephone Trainers Ltd in relation with the training (“Training Material”). Telephone Trainers Ltd reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM OR SENDING EMAIL CONFIRMATION THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING TELEPHONE TRAINERS LTD TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.1 Onsite face-to-face training and online remote courses and can be booked via the contact us form available on the Telephone Trainers Ltd website, by email or by phone. When you request a booking for a course, your request represents a provisional offer to Telephone Trainers Ltd to book the course and date/s you requested. The booking will then be provisionally held for 24hrs, and an email of confirmation will need to be sent to terri@Telephone-Trainers.com for it to become a guaranteed booking and date to be held.
1.2 E-Learning courses can be booked via the contact us form available on the Telephone Trainers Ltd website, by email or by phone. On booking your E-learning course you will need to pay the fee before you receive your LMS log in credentials.
2.0 RATES AND PAYMENT
All fees are set out in a separate fee letter or email (which expressly references and incorporates these Terms & Conditions) l and are subject to VAT at the applicable rate at the time of booking.
Training fees shall be paid at the point of booking via bank transfer, or if an account is agreed, within 30 days of the completed training day/s.
Late payment will in no way relieve the Customer from payment of fees, and, in the event of collection enforcement, the Customer shall be liable for any costs associated with such collection, including, but not limited to, legal costs, legal fees, courts costs, and collection agency fees.
3.0 YOUR OBLIGATIONS
Online Recorded Training Sessions, Created Videos and E-Learning – You may not allow anyone else to access or view the remote online courses, created videos or e-learning other than the agreed attendees, and staff members from within the Company or entity being trained. Such online training, Created Videos, E-learning and all associated Training Material shall only be used by the delegates for the purpose(s) of the training session(s) (“Purpose”). You shall procure such information is kept in accordance with the Purpose and shall not be shared on any public media forum or with any other company/organisation/individual outside of the delegates who have been booked on and received the training sessions. If you book training on behalf of another entity, such entity must be made aware of this and before training commences, such entity shall provide an email disclaimer to terri@Telephone-Trainers.com confirming they agree to this.
Telephone Trainers Ltd reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Telephone Trainers Ltd or its trainers. In these circumstances, Telephone Trainers Ltd will neither refund any fees nor reimburse any other costs.
4.0 LIMITATION OF LIABILITY
Telephone Trainers Ltd does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including the Training Materials. Opinions expressed are those of individual trainers and not necessarily those of Telephone Trainers Ltd. Participants should take professional advice when dealing with specific situations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELEPHONE TRAINERS LTD SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELEPHONE TRAINERS LTD’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO TELEPHONE TRAINERS LTD FOR THE TRAINING GIVING RAISE TO A CLAIM.
Telephone Trainers Ltd ensures that all its training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. Telephone Trainers Ltd shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Telephone Trainers Ltd shall be entitled at any time to substitute any trainer with any other person who, in Telephone Trainers Ltd’s sole discretion, it deems suitably qualified to present the relevant course. Telephone Trainers Lts is entitled to assign or sub-contract these Terms & Conditions.
Telephone Trainers Ltd does not warrant that the provision of any content online including online training sessions, e-learning and Training Material will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
7.0 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All Training Material is owned by Telephone Trainers Ltd. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars, e-learning and podcasts, are owned by Telephone Trainers Ltd. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without Telephone Trainers Ltd’s prior permission. Any such use is strictly prohibited and will constitute an infringement of Telephone Trainers Ltd’s intellectual property rights.
To provide a continuous check on the consistency and quality of training delivery, the company contact will receive an email at the end of the completed training session/s asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
8.0 CANCELLATION POLICY
8.1 Cancellation by customer.
8.1.1 On-site and Online Remote Training Days. For bookings for single days, you need to notify Telephone Trainers Ltd in writing by email that you wish to cancel a training course not less than 24 hours (one working day) before the start date of a course, or the full day rate of the training session will still be charged. Bookings for 3 -5 days and cancelled within 72 hours (3 working days) will be charged 50% of the booking.
To cancel booked training day/s, an email should be sent to: terri@Telephone-Trainers.com And a recognition of receipt must be confirmed.
8.1.2 E-Learning. Once you have booked an e-learning course or package the fee is non- refundable. If you cancel any e-learning course or package you will not be entitled to any refund.
8.2 Cancellation by Telephone Trainers Ltd.
Telephone Trainers Ltd reserves the right to cancel any training course due to no access or availability to software or hardware being trained. If a training class is cancelled by Telephone Trainers Ltd due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full refund if pre-paid, or offered an alternative date at no extra cost by Telephone Trainers Ltd.
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information, or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"). Any Telephone Trainers Ltd technology, any commercial terms (including pricing) of these Terms & Conditions, the Training Materials and the content of the training sessions and any performance information relating to the products shall be deemed Confidential Information of Telephone Trainers Ltd without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so, required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
10.1 Dispute resolution: In the event of any controversy or claim arising out of or relating to these Terms & Conditions, the parties agree that their dispute shall be governed by the courts of England and Wales. These Terms & Conditions shall be subject to English law.
10.2 Contact. Please contact Telephone Trainers Ltd’s training department for any other training questions or requests by emailing: terri@Telephone-Trainers.com
10.4 Force majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
10.5 Entire Agreement and severability. This Agreement is the entire agreement between you and Telephone Trainers Ltd relating to the training and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.