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General 1.1 The terms and conditions of trade of Nemstar.com and/or the legal trading name of NEMSTAR Ltd [which may differ to that displayed on this website] (hereafter called the ‘Company’) covering the supply of training services are contained herein. 1.2 Orders to the Company for the supply of training services are only accepted subject to these terms and conditions or subsequent terms provided in writing by the company which may supersede these terms. 1.3 No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing and signed by a Director of the Company. 1.4 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company. 1.4.1 The Company accepts orders and enquiries for training through its website(s), by telephone and by email. In placing an order with the Company, the client is deemed to have accepted the terms and conditions as contained herein or provided subsequently which may supersede these terms. 1.4.2 These terms and conditions are available in writing on request and all clients will be informed of these terms and conditions in writing or by email. 1.5 These terms and conditions are correct at the date shown on the relevant course booking documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable or on request. 1.6 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company (either as agent or principal) in the provision of training services. These terms and conditions do not cover any contract, relationship or engagement with any person, freelance or body employed by the Company or engaged to perform services on behalf of the Company. 1.7 The Company accepts no responsibility for any miss-laid, lost or stolen goods. We advise that any valuables be left at home. 1.8 Late arrival of any candidate may result in the loss of the testing vacancy or training place, in which case no refund can be made. 1.9 The Company do not tolerate any threatening behaviour. We reserve the right to eject candidates from site or call for police assistance if required. No refund will be given for missed training/testing. 1.10 Training day durations are 9:30am – 4:30pm as standard, unless otherwise agreed. However, this is determined by the number of candidates on the course, the level/previous knowledge of the candidates and their overall participation in the course.
Contract Formation And Right To Cancel 2.1 The Contract Start Date shall be defined as either the day on which the Company accepts payment for training services or when it receives a signed order to supply training services from the client. Whichever date is the earliest shall be defined as the Contract start date. 2.2 All complaints and claims relating to Contracts with the Company must be received in writing and within 14 days of the Contract start date. The Company will respond to all complaints within 30 days of their receipt.
Training Course Requirements 3.1 Equipment owned by or leased/lent to the client must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the relevant client. 3.2 Certificates are awarded at the discretion of the Company, and only to those who successfully complete the training satisfactorily. 3.3 Where training is carried out not on Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or client and the Company does not accept any liability in this regard. 3.4 The client must ensure that training carried out at locations as specified by them has adequate room in which to carry out both the practical and theoretical elements of the training. The Company reserves the right to and will charge 100% of the training fee for sub-standard or inadequate premises and/or equipment. This includes but is not exhaustive to: – inclement weather and where there is no alternative indoor space, in which to carry out the practical training; A designated room with enough space to seat all the delegates; short, dangerous and/or inappropriate training equipment. 3.5 Consumption of alcohol or non-prescription drugs is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave Company premises. 3.6 Should a candidate have learning difficulties or require assistance/additional equipment to ensure safe delivery of training, it is the responsibility of the booker to address this at the time of booking.
Prices 4.1 Unless otherwise stated, all prices are exclusive of VAT. VAT will be charged at the rate current at the time of due payment. 4.2 The prices quoted on the Company website are correct at the date of publication. Prices may vary due to demand and availability and the Company reserves the right to adjust prices at any time and without notice.
Settlement Terms 5.1 Unless otherwise agreed, payment for all training booked and confirmed by the client must be made 5 days prior to the training course booked taking place. Payment can be made by Debit/Credit Card, BACS, Bank Transfer or by cheque. 5.2 If the Company do not receive cleared funds 5 working days prior to the course taking place, your candidates may be rejected from the course or course may be cancelled at our discretion. 5.3 In the instance of an unpaid invoice during your agreed terms. NEMSTAR Limited have a statutory right under the Late Payment of Commercial Debts Regulations 2013 to add interest and late payment compensation to the sum outstanding.
Health and Safety 6.1 Where training is carried out on Company premises, all delegates must conform to and comply with the Health and Safety Policy as laid down by the Company from time to time. Breaches of this policy may result in the delegate being suspended or excluded from the course and premises.
Cancellation and Postponement 7.1 Public Schedule Events 7.1.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation all monies will be refunded. The Company’s events are constantly updated and improved, and the Company reserves the right at any time and without notice to alter content and to change trainers or tutors. 7.1.2 The Company reserves the right to charge a cancellation/postponement fee in respect of contracts that are cancelled or postponed by the client. Unless stated otherwise in any subsequent contract formed prior to the start of the contract, the following refunds will be made in the event of cancellations/postponements prior to course start date: • More than 30 Days – 80% refund • Within 30 Days – no refund 7.1.3 Any cancellation will need to be made to support@nemstar.com 7.1.4 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. The Company will not be liable for any costs incurred by the client for such actions. 7.1.5 A discretionary administration fee of 10% will for any date amendment made with less than 14 working days’ notice of a course taking place. 7.1.6 If a delegate wishes to postpone or move a course date the company will make every effort to accommodate the change, but this does not constitute a right to change or cancel. 7.1.7 If the client moves a candidate onto a later course date (postponed), a new cancellation period does not apply in relation to the new dates. Therefore, should the client wish to cancel the postponed/new course dates, a full cancellation charge will apply. 7.2 Private or Onsite Events 7.2.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation all monies will be refunded. The Company’s events are constantly updated and improved, and the Company reserves the right at any time and without notice to alter content and to change trainers or tutors. 7.2 Upon contractual agreement of course start date, refunds are not possible for private or onsite events. Contractual agreement commences on issue of invoice with valid purchase order number supplied by the client for invoiced business. For pre-paid credit business, the contractual agreement commences upon email confirmation from clients nominated authorised staff members. 7.3 Should it become necessary for a client to reschedule/postpone a private/onsite event the Company reserves the right to charge a fee as follows: • More than 30 days – 50% of original fee • Within 30 days – 75% of original fee 7.4 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. The Company will not be liable for any costs incurred by the client for such actions. 7.6 If the client reschedules/postpones an event, it is not possible to reschedule/postpone the newly agreed date.
Applicable Law 8.1 No waiver by us or any breach of the Contract by you shall be considered as a waiver or any subsequent breach of the same or any other provision. 8.2 If any provision of these Terms is held by any competent Authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby. 8.3 Any dispute arising under or in connection with these Terms shall be subject to the Jurisdiction of the Northern Ireland Courts. The Contract shall be governed by the laws of Northern Ireland. 8.4 These Terms do not affect any consumer rights contained in the Unfair Contract Terms Act 1977 or any statutory modification of them.
Force Majeure 9.1 The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.