All training work delivered by our team are governed by these terms and conditions, and we ask for express written agreement to these terms and conditions before commencing any work on behalf of our clients.
These terms and conditions form the basis of the contact and the contract may not be varied except by a written document signed by both parties.
Definitions:
Charges means the amounts specified in the statement of work above and any other such amounts agreed in writing by both parties.
Client means the person or entity identified as the recipient of services in the letter above.
Client materials means all works and materials supplied by or on behalf of the client to McCrudden Training in support of the work and in connection with the services being provided.
Consultant/trainer means any representative of McCrudden Training, a company incorporated in England and Wales (registration number 7549902) and having its registered office at Archer House, Britland Estate, Northbourne Road, Eastbourne, BN22 8SS.
Contract means a contract made under these terms and conditions between the consultant and the client.
Deliverables means the outcomes specified in the statement of work above, that the consultant has agreed to deliver to the client under these terms and conditions.
Intellectual property (IP) rights means all the IP rights wherever in the world, whether registerable or unregistrable, registered or unregistered, including any application or right of application for such rights including copyright and related rights, database rights, confidential information, trade secrets, training plans and materials, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in design.
Term: The contract shall come into force on the date the engagement letter is signed and shall continue in force until the services have been completed; all deliverables have been delivered and all charges have been paid in cleared funds, upon which time it will terminate automatically.
Availability: The availability of our trainers changes regularly. Where we have provided provisional dates for delivery of your learning, these reflect our availability at the time of quotation. Provisional dates can only be held at the discretion of the Director, and to be fair to other clients multiple dates cannon be held. Provisional dates will only be held for 2 weeks. Without further contact, any dates we are holding for you will be released. No date can be held indefinitely. Where provisional dates are being held for your training, it is your responsibility to confirm this date remains available when booking. Please do not commit to venue hire until McCrudden Training has confirmed that the trainer remains available for the course. Please be aware that training is not considered confirmed until this signed engagement letter has been returned. Until such time, the dates cited above are considered to be provisional bookings.
McCrudden Partnership shall not be liable for any costs of expenses incurred by you as a result of failure to comply with the above paragraph relating to availability.
Venue: To ensure you get the maximum return from your investment in learning, please discuss venue requirements with our team when booking your training and contact us at any time should the requirements change.
Cancellation: Due to the nature of our work, cancellations made at very short notice have an impact on our ability to maintain competitive prices. We accept cancellation of a contract without penalty up to 3 weeks before the course date. Any cancellation made less than 3 weeks prior to the date of the course will incur a cancellation fee of 50% of the cost of the training. Where an in-house course is cancelled with less than 7 days’ notice, the full fee remains payable.
Where a course is cancelled and re-booked for an alternative date, at the discretion of the director(s), any cancellation fee may be waived. However, should the re-booked course subsequently be cancelled 50-100% cancellation fees will apply regardless of the notice period given.
Charges: The charges stated in quotations and engagement letters constitute a fixed price agreement (FPA) for the services detailed, and include delivery of training, provision of delegate manuals, and all trainer equipment. The charges detailed above are exclusive of travel and related expenses. Where any aspects of the learning have to be repeated because of a change in the information you have provided to us, we reserve the right to make an additional charge.
Additional costs: McCrudden Training providers services UK-wide. Where our trainers are asked to travel more than 10 miles, mileage charged at 45p per mile, or the costs related to rail travel may be added to the final invoice. If a trainer would be required to leave home before 07:00 to reach a venue, we reserve the right to charge for overnight accommodation and subsistence. Any such additional costs related to this will be agreed with the client in advance and included in the final invoice.
All amounts stated in or in relation to the terms and conditions are, unless the context requires otherwise, stated are exclusive of VAT, which will be added to those amounts and payable to the consultant by the client.
Replacement certificates. We provide certificates for all learners. In order to keep our pricing competitive, some certificates are provided electronically. Hard copy certificates can be requested at an additional cost. There is an admin fee of £4.95 to provide replacement copies of lost certificates.
Payment: McCrudden Training will issue invoices for the charges to the clients in line with these terms and conditions. Our charges represent work undertaken prior to the delivery of any training or services, as such new clients will be invoiced at the time of booking for the first three bookings.
Thereafter, the client may request that invoices valued below £3,000 are raised after services have been completed.
Wherever the total cost of the work exceeds £3,000 we will invoice for 50% of the fee upon confirmation of the booking. The remaining 50% shall be invoiced after provision of the services has been completed.
Payment shall be made within 21 days of the invoice date. Where payment is not received within 21 days, we reserve the right to add interest to overdue payments at a rate of 8% above base rate.
We reserve the right to suspend provision of further services to you where any previously issued invoice remains unpaid for a period of more than 21 days. We are entitled to make any such suspension regardless of whether arrangements have been made in respect of the provision of services and McCrudden Partnership shall have no liability for any costs, expenses or losses incurred by you as a result of a suspension of services in accordance with this paragraph.
Services: McCrudden Partnership shall provide the service to the client in accordance with these terms and conditions and with reasonable skill and care and in accordance with the standards of skills reasonably expected from a leading learning and development service provider.
McCrudden Partnership shall have the right to sub-contract its obligations under this Contract to a Consultant as it sees fit.
Warranties: McCrudden Partnership warrants to the client that it has the legal right and authority to enter into the contract and to perform its obligations under the terms and conditions. McCrudden Partnership will comply with all applicable legal and regulatory requirements applying to the exercise of its rights and the fulfilments of its obligations under these terms and conditions. McCrudden Partnership further warrants that any consultant/trainer has the know-how, expertise and experience to perform its obligations under these terms and conditions.
The client warrants to McCrudden Training that it has the legal right and authority to enter into the contract and to perform its obligations under these terms and conditions.
Status of the consultant: The consultant/trainer, nor McCrudden Training, will not be an employee of the client, but an independent contractor. The termination of the contract will not constitute unfair dismissal.
Deliverables: The deliverables are detailed in the engagement letter. Our consultants/trainers will deliver the deliverables to the client. The consultant/trainer will use best endeavours to ensure that the deliverables are delivered to the client in accordance with the details set out in the engagement letter.
We endeavour to meet our clients’ needs to the best of our availability and will do our utmost to accommodate changes. However, please be aware that any significant change to the booking activity stated in the engagement letter may require additional funding. Any significant variation in the work agreed thereafter may be subject to price reviews.
Any and all Intellectual Property Rights in any of the following:
• the Deliverables;
• any materials created by McCrudden Partnership prior to your signing of the Engagement Letter;
• any other materials created by McCrudden Partnership which may be used in the provision of the Services
shall remain the property of McCrudden Partnership and nothing in this contract shall be deemed to transfer ownership to you or grant to you a licence for use.
Quality of service: If at any time you would like to discuss how our service to you could be improved please let us know by contacting either the Quality Manager, or the Managing Director. We undertake to look at any complaint carefully and promptly and to do all we can to resolve concerns.
Limitation of liability: Nothing in this paragraph or these teams generally seek to limit or exclude liability for death, personal injury or fraud.
Under no circumstances shall McCrudden Partnership be liable to you whether in contract, tort, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the agreement between us.
McCrudden Partnership’s total liability to you in all other respects shall be limited to the value of Charges paid by you to McCrudden Partnership in the 12 month period immediately preceding the alleged breach or loss.
The terms implied by sections 3 to 5 inclusive of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this contract.
This clause on Limitation of Liability shall survive termination of the contract between us.
Conflict resolution: The contract shall be governed by English law. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the contract.
Entire Agreement: These terms together with the Engagement Letter constitute the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by McCrudden Partnership that is not set out in these terms or the Engagement Letter.
Retention of records and data protection: The personal details you provide in relation to training bookings are securely held in an electronic storage system which is backed up regularly. Access to this information it restricted to McCrudden Training staff who need to access it to process your booking.
Your details, and those of your colleagues, are kept after the training has been completed so that we can answer questions about the learning or provide replacement information (i.e. certificates). However, we will not use your, or your colleagues, information for marketing purposes unless you have specifically consented to this.
We only share your information with our freelance Consultants, all of whom comply with the terms of GDPR and the Data Protection Act 2018. We do not share your details with any other businesses. In relation to your learners’ details, to provide the learning, we have a legitimate interest to process their information and are also doing so in order to fulfil our contract with you. Information about privacy will be provided to learners ahead of their workshop. Full details of our privacy policy can be found here.
