Terms and Conditions
Enliten IT Ltd terms and conditions of business for training are as follows:
The terms and conditions governing the provision of IT training services by Enliten IT with the exclusion of any other oral or written statement or agreement whatever its legal character
a. ‘Customer’ means a company or individual that completes a booking form or enters into a contractual arrangement.
b. ‘Enliten IT’ means Enliten IT Limited.
c. ‘Attendee or delegate’ means the party or parties named as attendees on the course registration form.
d. ‘Invoice’ means an invoice for the total charges for services delivered by Enliten IT to the customer.
e. ‘Engagement’ means the delivery of consulting or training services for the charges stated on a booking form.
These Terms and Conditions shall apply to all work carried out in the provision of services by Enliten IT to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions. Enliten IT employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by Enliten IT in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
3. Acceptance of order
3.1 Bookings can be accepted at any time up to the course start date, subject to availability.
3.2 An official confirmation must be received from the Customer in order to secure an engagement.
3.3 Confirmed bookings can be made by letter, fax or email (provisional bookings can be made by telephone). Bookings will only be confirmed on receipt of your fully completed booking form.
4. Pricing and Payment terms
4.1 All course and consulting fees are fixed, as per the booking form.
4.2 Full payment is required within 30 days of date of invoice with the exception of new customers where full payment is required prior to commencement of engagement.
4.3 Enliten IT reserves the right to charge interest on any outstanding balance at the rate of 5% above the prevailing Bank of England base rate.
4.4 All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified by Customs and Excise, where the company is VAT registered.
4.5 Payment can be made by Bank transfer or company cheque.
4.6 The client agrees to pay for any loss or extra cost incurred by Enliten IT through the client’s instructions or lack of instruction or through failure or delay in taking delivery or through any act or default on the part of the client, its servants or employees.
4.7 All invoices that have not been settled within ninety (90) days are automatically assigned to a debt collection agency.
5. Rescheduling and Substitutions
5.1 Delegate substitutions may be made prior to the start of the course without penalty, providing that the replacement delegate is suitable (see “Delegate suitability”)
5.2 In the event that a customer reschedules a booking this will incur a fee – see point 6.2.
5.3 In all circumstances Enliten IT require written notification of any points within this clause.
6. Cancellations and Charges
6.1 In accordance with our terms and conditions of trade, an order for the supply of Goods or Services may only be cancelled or re-scheduled in writing.
6.2 The Client agrees to pay the Company a sum equal to the following percentages of the sums due in respect of a course invoice due to the company, which will be levied by a Cancellation Fee Invoice, by way of agreed damages if a delegate fails to attend, cancels or withdraws from a course at which such training services are to be provided, less than the following number of working days before course commencement.
|Confirmed Booking||16 – 25 days before course commencement||11 – 15 days before course commencement||10 – 0 days before course commencement|
|Cancellation of course||50%||75%||100%|
|Re-scheduling of course||25%||50%||100%|
6.3 Enliten IT undertakes to provide training and consulting services on the dates specified except when external circumstances prevent this. In these circumstances Enliten IT will endeavour to re-run the course on a mutually agreeable basis.
6.4 Enliten IT reserves the right to cancel an engagement up to the start date of the engagement unless 6.3 applies. In the event of a course being cancelled by Enliten IT, alternative dates will be proposed.
6.5 Enliten IT takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations. (See under Warranty and Liability).
7.1 Enliten IT reserves the right to assign or sub contract all or any part of its training courses to be carried out by other appointed and approved personnel.
8.1 Any disputes or complaints regarding courses supplied by Enliten IT should be made to Enliten IT Ltd, Stanboroughs Court, Conduit Lane, Hoddesdon, Hertfordshire EN11 8EP within five working days of the completion of the engagement.
8.2 In the event of any dispute made to Enliten IT, course evaluations or consulting evaluations will be examined and used in the first instance to evaluate the authenticity of any dispute.
9. Course content
9.1 Our course listing is provided for information purposes only and does not constitute an offer for a particular course or programme.
10. Delegate Suitability
10.1 It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
10.2 Enliten IT reserves the right to ask a delegate to leave an engagement if the delegate does not meet the course prerequisites.
10.3 Enliten IT urges clients to support this policy, which is designed to protect the Customer’s investment.
11. Force Majeure
Enliten IT shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
12. Limitation of Liability and Indemnities
12.1 Except as may otherwise be expressly provided in these Terms and Conditions and/or any applicable order confirmation, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by Enliten IT to the fullest extent permitted by law and Enliten IT shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
12.2 Enliten IT represents and warrants that the services provided hereunder will be performed in a professional, workmanlike and skilful manner consistent with the professional standards and the general customs and practices of the industry.
12.3 Enliten IT further warrants that the services delivered under any order confirmation will conform in all material respects to the written specifications related thereto.
12.4 Enliten ITs maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to Enliten IT for the services which are the subject of the order confirmation in question.
12.5 Without prejudice to the generality of the foregoing, Enliten IT shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to: (a) loss of use; (b) loss of goodwill; (c) loss and/or corruption of data; (d) loss of information; (e) loss of business; (f) loss of goods; (g) loss of anticipated savings; (h) loss of revenue; (i) downtime; (j) any damage relating to the procurement by the Customer of any substitute services.
12.6 For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
12.7 For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way Enliten IT liability for (a) death or personal injury resulting from the negligence of Enliten IT, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to Enliten IT staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
12.8 Enliten IT accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any Enliten IT services: this includes failure to meet its operating specification and/or its ability to process date-specific data.
12.9 No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of the copyright owner.
12.10 All Intellectual Property Rights for any product or service remain the property of Enliten IT unless otherwise stated or agreed.
12.11 It is the Customer’s responsibility to ensure that they make adequate provisions to back-up their application, data and any other elements of the system. Unless a specific maintenance agreement is in place, Enliten IT does not guarantee to retain copies of the Customer’s application.
12.12 Enliten IT shall not be responsible in any way for problems arising after modifications to any part of the system by non- Enliten IT staff who have not specifically been authorised in writing by Enliten IT.
12.13 The customer is responsible for the content of any web site or intranet designed by Enliten IT and, other than in respect of negligent acts or omissions by Enliten IT, indemnifies Enliten IT for any such liability incurred.
12.14 The customer is prohibited from modifying or adding to the content of a web site designed by Enliten IT material which may be considered illegal, abusive or offensive or which promotes or incites illegal activities in any jurisdiction. Enliten IT will terminate the services they provide without incurring penalty charges should a customer request inclusion of such materials during the running of a project. All outstanding sums due from the Customer to Enliten IT shall immediately become payable.
12.15 It is the customer’s responsibility to ensure that they own the worldwide Intellectual Property Rights in respect of any content that Enliten IT incorporates in an intranet or Internet site. Furthermore the customer indemnifies Enliten IT for any liability incurred in respect of any breach of these rights.
13.1 Enliten IT may, by notice in writing to the Customer, cancel all or any part of any contract for the provision of services forthwith in the event that:-
i) The Customer is in breach of any of these Terms and Conditions; or
ii) The purchaser (being an individual) becomes bankrupt within the meaning of the Insolvency Act 1986 or otherwise makes any composition or arrangement with his creditors or (being a company) shall enter into liquidation (whether voluntary or compulsory) or shall have a receiver or administrative receiver appointed over any part or all of his assets or undertaking or shall be the subject of any petition presented to the Court for the appointment of an administrator.
13.2 In the event of any breach by the Customer of these Terms and Conditions, all outstanding sums due from the Customer to Enliten IT shall immediately become payable.
14. Facilities and Access
14.1 The Customer undertakes to make available suitable office, computer, printing and other facilities necessary for Enliten IT staff to undertake the work while at the Customer’s premises.
14.2 The Customer undertakes to make available access to suitably qualified staff to enable Enliten IT staff to perform their work.
14.3 For the avoidance of doubt all time spent at the Customer’s premises shall be chargeable time regardless of the availability of computing or other facilities appropriate to the work.
15.1 The Customer undertakes not to engage, employ, or otherwise solicit for employment any employee of Enliten IT during or within one year after services have been provided, without Enliten IT prior written consent.
Information which is stated to be confidential to the Customer and/or Enliten IT prior to or at the time of its disclosure shall be treated as such by the staff of both parties and shall not be disclosed other than with the appropriate party’s consent or until such information falls within the public domain through no fault of such staff.
17. Governing Law
17.1 This 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.
17.2 The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
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