Terms & Conditions - C&P Training Services

C&P Training Services Ltd Terms & Conditions

Important notice: Please read carefully before purchasing training courses

This is a legal agreement between you (The Customer or you) and C&P Training Services Limited of 1A Sandringham Park, Llansamlet, Swansea SA6 8PW, United Kingdom (The Company or we) for your purchase of training courses and associated printed materials and online documentation (Documentation).
By confirming attendance on one of our courses, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not proceed with the relevant Training.

1. APPLICATION

1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the Training by C&P Training Services Limited (C&P) to the Customer.

2. INTERPRETATION

2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Accreditation Body: an accredited certifying organisation of training courses and on whose behalf and authority we provide the Training. The Accreditation Body validates our credentials to provide the training and issue training certificates upon successful completion of our courses.
Agreement: these Terms and Conditions and the relevant confirmation of booking or purchase order for the Training as issued by the Customer.
Booking, Payment and Cancellation Policy: the Policy setting out the relevant Company requirements for the Customer in relation to the Training and the obligations of each party to the Contract. The Booking, Payment and Cancellation Policy can be accessed at https://www.cptrainingservices.co.uk/terms-conditions/
Business Day: a day other than a Saturday, Sunday or public holiday in England and Wales, on which clearing banks are open for non-automated commercial business in the City of London.
C&P: C&P Training Services Limited.
Charges: the charges payable by the Customer for the Training in accordance with clause 6 (Charges and payment).
Contract for Services: These Terms and Conditions and the associated Booking, Payment and Cancellation Policy.
Delegate(s): an individual or representative scheduled by the Customer to attend the Training.
Customer: the person or firm who purchases the Training from C&P.
Customer Data: the data provided by the Customer for the purpose of facilitating the Training.
Data Protection Legislation: means:
(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and
any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
In-House Training: Training provided by C&P at the Customer’s premises for the Customer’s Delegates.
Online Booking Process: The booking process available through the following websites or its links: https://www.cptrainingservices.co.uk
Personal Data: has the meaning given to it in the Data Protection Legislation.
Processing: has the meaning given to it in the Data Protection Legislation.
Public Training: Training provided by C&P at a physical location or online for all Customers and Delegates.
Training: the training, either In-house or Public, to be supplied by C&P to the Customer as described on our website and confirmed in writing to the Customer upon completion of a booking request.
Training Materials: any materials or documents provided by C&P as part of the Training.
2.2 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 all subordinate legislation made under that statute or statutory provision.

3. BASIS OF THESE TERMS AND CONDITIONS

3.1 These Terms and Conditions shall come into effect when:
3.1.1 the Customer’s request for Training or a valid Customer purchase order is received by C&P and C&P’s acceptance of the Training request is acknowledged by e-mail or verbally by telephone to the Customer.
3.2 Save for terms pertaining to the relevant Training in accordance with the Booking, Payment and Cancellation Policy, any descriptive matter or advertising issued by C&P, and any descriptions contained in C&P’s catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Training described in them; They shall not form part of these Terms and Conditions nor have any contractual effect.
3.3 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. SUPPLY OF THE TRAINING

4.1 C&P shall use reasonable endeavours to supply the Training to the Customer in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice where the relevant course is materially altered by the relevant Accreditation Body.
4.2 C&P shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration. Should the dates be amended, this will be fully in accordance with our Booking, Payment and Cancellation Policy.
4.3 C&P reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and C&P shall notify the Customer in any such event.
4.4 Notwithstanding the above sub-clauses, C&P reserves the right to cancel Training at any time, without incurring additional liability to the Customer or any Delegates. In such circumstances, C&P will offer (at its sole discretion) alternative dates, a full refund, or a credit note in accordance with our Booking, Payment and Cancellation Policy.

5. CUSTOMER’S OBLIGATIONS

5.1 The Customer shall:
5.1.1 co-operate with C&P in all matters relating to the Training;
5.1.2 provide C&P, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by C&P in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and:
5.1.3 where Training is being delivered at its premises, provide C&P with (i) access, training space, wifi internet access where required for online examinations, refreshments and lunch for Trainers and Delegates and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Customer in advance.

6. CHARGES AND PAYMENT

6.1 Unless otherwise stated, the Charges for the Training shall be calculated on a per session per Delegate basis.
6.2 The Customer shall make payment for the Training in accordance with the requirements of our Booking, Payment and Cancellation Policy or, where the Customer has a credit account in place with C&P they shall pay any invoice submitted by C&P within 30 calendar days of the date of the invoice, and in any event prior to the Training taking place, to a bank account provided on the invoice by C&P unless otherwise agreed in writing.
6.3 Failure by the Customer to pay any Charges when they fall due may (at C&P’s discretion) result in:
6.3.1 the Delegates’ place on the Training being withdrawn;
6.3.2 C&P ceasing to provide the Training; and/or
6.3.3 C&P withholding any certification due to the Delegates from the Training.
6.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay C&P any sum due under this Agreement on the due date:
6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 8% per annum above the Bank of England’s base rate as determined at the date that such sum became due for payment.
6.5 All sums payable to C&P under this agreement:
6.5.1 are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
6.5.2 shall be paid in full without any set-off, counterclaim, deduction or withholding.

7. CANCELLATION

7.1 The Customer or C&P may cancel Training only in accordance with the requirements of our Booking, Payment and Cancellation Policy which forms part of the Contract for Services.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by C&P or the relevant Accreditation Body as applicable.
8.2 No reproductions, scans or copies (wholly or in part) shall be made of the Training Material without the prior written consent of C&P.

9. CUSTOMER DATA

9.1 As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data.
9.2 The Customer grants C&P an irrevocable, unlimited and royalty-free licence to use the Customer Data provided to C&P for the purposes of providing the Training.
9.3 Each party warrants that for the purposes of this Agreement it:
9.3.1 shall comply with the provisions of the Data Protection Legislation, including without limitation that it:
(a) shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;
(b) shall communicate to the other party the terms of any permissions or consents obtained from the data subjects;
(c) shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
(d) shall not transfer Personal Data outside the United Kingdom and/or the European Economic Area save in accordance with the Data Protection Legislation;
(e) shall comply with any request or notice it receives from a data subject in its capacity as a data controller;
9.3.2 shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);
9.3.3 shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;
9.3.4 shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;
9.3.5 shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
10.1.1 death or personal injury caused by negligence;
10.1.2 fraud or fraudulent misrepresentation; and
10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1:
10.2.1 C&P shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
10.2.2 C&P’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
10.4 This clause 10 shall survive termination of the Agreement.

11. CONFIDENTIALITY

11.1 Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party’s confidential information shall not be deemed to include information that:
11.1.1 is or becomes publicly known other than through any act or omission of the receiving party;
11.1.2 was in the other party’s lawful possession before the disclosure;
11.1.3 is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
11.1.4 is independently developed by the other party, which independent development can be shown by written evidence.
11.2 Subject to clause 11.3, each party shall hold the other’s confidential information in confidence and not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than the implementation of the Agreement.
11.3 A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
11.4 The Customer acknowledges that its information may be used by C&P on an anonymous basis without limitation including compiling and publishing reports.
11.5 The above provisions of this clause 11 shall survive termination of the Agreement, however arising.

12. TERMINATION

12.1 Without affecting any other right or remedy available to it, either party to the Agreement may terminate it with immediate effect by giving written notice to the other party if:
12.1.1 the other party commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;
12.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
12.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
12.1.4 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Agreement has been placed in jeopardy.
12.2 Without affecting any other right or remedy available to it, C&P may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment.

13. CONSEQUENCES OF TERMINATION

13.1 On termination of the Agreement:
13.1.1 the Customer shall return any of the Training Materials which have not been fully paid for; and
13.1.2 any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.
13.2 Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.

14. FORCE MAJEURE

C&P shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of C&P or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

15. VARIATION

Subject to clause 4.3, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

16. WAIVER

No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17. SEVERANCE

If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.

18. ENTIRE AGREEMENT

18.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

19. ASSIGNMENT AND SUBCONTRACTING

19.1 The Customer shall not, without the prior written consent of C&P, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement, such consent may be withheld in C&P’s sole discretion.
19.2 C&P may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.

20. NO PARTNERSHIP OR AGENCY

Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

21. THIRD PARTY RIGHTS

The Agreement does not confer any rights on any person or party, other than the parties to the Agreement and, where applicable, their successors and permitted assigns, pursuant to the Contracts (Rights of Third Parties) Act 1999.

22. NOTICES

22.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes.
22.2 A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).

23. GOVERNING LAW

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

24. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

Download a pdf of the C&P Training Services Ltd Terms & Conditions

C&P Training Services Ltd Booking Payment & Cancellation Policy

BOOKING & PAYMENTS

All bookings must be confirmed by making a deposit payment. Spaces can be held provisionally without payment but will be released again for sale if payment of deposit is not received within 24 hours of us accepting the booking.

Bookings can be confirmed by paying a deposit of 25% of the course value but the remaining balance must be received by C&P Training Services Ltd within 7 working days before the course commencement date. If the balance payment is not received within this period, then the booking may be cancelled and the deposit payment will be retained.

Bookings for Compex 09-10 Water Utilities have to be made at least 3 weeks prior to the start date. This is due to an element of pre-learning work to be completed prior to attending the course.

We accept the following forms of payment:
• Cash
• Cheque
• BACS Transfer

In very exceptional circumstances only, e.g. bookings taken within 24 hours of course commencement, you may pay for your course on arrival at the course location.

BUSINESS CUSTOMER BOOKINGS

Business customers who have passed a satisfactory credit assessment and have provided all necessary credit account application documentation and who have been notified in writing by C&P Training Services Ltd that their credit account application has been successful can pay on standard open account credit terms with payment due 30 days from the date of invoice. All credit account bookings must be made with a valid purchase order and any bookings made without receipt of a valid purchase order by C&P Training Services Ltd may result in any delegate booked being unable to complete the course and/or receive their course certificate(s).

Non-payment of invoices may result in C&P Training Services Ltd withholding any course certificate(s) until payment is received in full.

C&P TRAINING SERVICES LTD CANCELLATION POLICY

Course cancellations require a minimum of 7 working days’ notice prior to the course start date in order to receive a full refund. Cancellations can be made initially by telephone but must be confirmed in writing.

Compex 09-10 Water Utilities bookings require a minimum of 10 working days’ notice due to additional registration requirements from the Awarding Body.

For course cancellations that occur between 3 to 7 working days prior to the course start date, C&P Training Services Ltd will allow the booking to be amended to an alternative date or time within a 3-month period of the original course start date at no additional charge. Once a course has been amended from its original date any subsequent amendments will be subject to an additional administrative charge which will be advised at the time of booking. If an alternative date cannot be agreed then C&P Training Services Ltd reserves the right but not the obligation to charge 50% of the course fee at its discretion.

Substitute delegates may be accepted with prior notice but note that this is subject to Awarding Body registration criteria i.e. we cannot guarantee that a proposed substitute will be accepted.

Additionally, any substitute candidates requested for the Compex 09-10 Water Utilities bookings, if accepted, will incur an additional candidate registration fee equal to 25% of the booking fee.

For course cancellations that occur within 2 working days of the course start date, no refund or date changes will be permitted unless otherwise agreed in writing.

No refunds or alternative dates will be offered for non-attendance of delegates on any course which has been properly booked. Exceptional circumstances may be considered entirely at the discretion of C&P Training Services Ltd.

C&P Training Services Ltd reserve the right to cancel any course booked for reasons of insufficient numbers of Delegates, illness of course tutor and unexpected events beyond our control. In such instances we will offer you an alternative date or if that is not satisfactory, then any monies received will be refunded in full but we will not be liable for any loss or additional expense to the customer arising out of such cancellation.

BEFORE YOU ATTEND

Here’s a summary of the responsibilities and requirements for participants:

Participant Fitness and Ability:
o Ensure that participants are fit, medically sound, and capable of fully and safely participating in the course.
o Participants must be fluent in English.
Pre-Course Requirements:
o Complete all pre-course exercises (written or physical) as required.
o Submit pre-course registration forms and any relevant documentation in advance, as requested by the Training Centre.
Consequences of Non-Compliance:
o Failure to meet these requirements may result in:
▪ Inability to successfully register.
▪ Inability to complete the course.
▪ Being asked to leave the course.
▪ No refunds will be given in such circumstances.

Due to Awarding Body requirements, all candidates booked on Compex Ex 09-10 Water Utilities, must return all documentation requested by the Training Centre, 10 days prior to the start date.

You, or your Employer, must verify in the form of an Employer’s Letter that you are technically competent to attend the course.

Should any delegate require any additional learning assistance then this must be notified to C&P Training Services Ltd by providing a minimum of 5 working days’ notice in writing of the required learning assistance. Note that we will try to accommodate such request, as far as is reasonably practicable, but cannot guarantee that we can comply with all requests.

COURSE PREREQUISITES

It is your responsibility to ensure that you and/or any participants you book onto the course hold the correct prerequisites when the course commences and that they bring evidence of this on the first day of the course. If you and/or any participants you book onto the course fail to produce the correct prerequisite information we reserve the right to cancel you or their involvement in the course without liability. No refunds will be given in such circumstances.

ON YOUR COURSE START DATE

It is your responsibility to make arrangements to arrive at the course location on time. Full course details including start date, start time and location will be sent to you in your Course Joining Instructions. We may not be able to accommodate late arrivals as it may disrupt other course participants. You must bring your government issued photographic identification (e.g. passport, driving licence). You will be informed in advance of your course start date of any equipment, clothing or other items necessary that you are required to bring for participation in the relevant course.

Download a pdf of the C&P Training Services Ltd Booking Payment & Cancellation Policy