Terms and Conditions
Terms & Conditions of Business
- Definition
In these Terms and Conditions the following definitions apply.
Booking Form means the Company’s standard Booking Form setting out details of the Event.
Customer means the Organisation, Person or Company by whom a Booking is made and named on a Booking Form.
Company means Allsafety Diggerland PTS. Registered Office: Diggerland, Roman Way, Strood, Kent, ME2 2NU.
Delegate means individual, named or otherwise, booked to attend an Event.
Event means course development, open program courses, reserved courses or assessment.
Contract means a contract signed by both the Company and the Customer for the delivery of an Event or Events.
- General
2.1 These Terms and Conditions are confirmed as accepted by the Customer once the Customer has completed and signed a Booking Form or a Contract for the supply of an Event or Events by the Company.
- Payment
3.1 If you do not have an agreed credit account with us, your order will only be accepted against payment in full. If you have an agreed credit limit and you are within this limit, payment must be received by us in cleared funds within 30 days of the invoice date unless we agree otherwise in writing (the ‘due date’). Payment may not be withheld or delayed by you for any reason, without our prior written agreement. You agree that we may charge interest on any invoiced amounts which are unpaid at the due date at the rate of 4% above the variable base rate. Your credit account (if any) and all unpaid sums owed by you to us howsoever arising will become payable immediately on the occurrence of an Insolvency Event. We reserve the right to review, amend and/or withdraw any credit facilities at any time. You may not make deductions or set-off, whether legal or equitable, from any amounts you owe us without our prior agreement.
3.2 Booking of additional Delegates is welcome subject to course availability and invoices will be rendered as per Clause 3.1.
3.3 All charges quoted exclude VAT, which will be chargeable in addition at the prevailing rates.
3.4 All applications and support for funding are provided at the discretion of the Company and must be completed before the course start date. If funding is declined or not agreed in line with the course start date, the Customer is liable for total course fees. However, if funding is subsequently granted, any overpayment will be repaid directly to the Customer/body from which original course payment was received.
- Transfer of Delegates
4.1 A Delegate can only be transferred to an Event of the same title on a different date. They cannot be transferred to a different Event on a different date or a different Event on the same date. They can also only be transferred once. Delegates transferred to another Event and subsequently cancelled are subject to cancellation fees as per the original booking.
4.2 All amendments and requests to transfer must be made in writing to the sales support team.
4.3 All requests for transfer are subject to an administration fee of 10% of the booking value for the Event.
4.4 A request for transfer is required at least 5 days before commencement of an Event for bookings valued at £500 and below. Requests made with less than 15 days left will be treated as a cancellation and the full cost of the course will be incurred.
4.5 A request for transfer is required at least 10 days before commencement of an Event valued above £500. Requests made with less than 30 days will be treated as a cancellation and the full cost of the course will be incurred.
- Customer cancellation of Delegates/Events
5.1 All cancellations to bookings must be made in writing by the Customer to the sales support team.
Unless otherwise agreed in writing with the Company the following cancellation charges apply:
5.2 For cancellations made between 60 and 31 days prior to the date of the Event 25% of the full cost will be charged.
5.3 Cancellations 10 days or less prior to the date of the Event, the full cost will be charged.
5.4 Delegates either named or to be announced (TBA) on a Booking Form who do not subsequently turn up for the Event will still be invoiced.
- Event Cancellation by the Company
6.1 The Company will endeavour to run all advertised Events but due to unforeseen circumstances it may be necessary to reschedule or cancel a particular Event. In such cases the Company will not accept any consequential liability irrespective of notice given.
6.2 The Company will use reasonable endeavours to refund or reschedule Customers when Events are cancelled.
6.3 In the event of the Customer’s cancellation of any development or consultancy assignment prior to the completion of the Event, fees will be chargeable at the daily rate for any development and preparation costs incurred by the Company up to the date of receipt of written notice of the cancellation. Any such costs will be invoiced on receipt of notice and will be due within 30 days of invoice.
- Indemnity
7.1 The Customer shall indemnify and hold harmless the Company for any claim resulting from injury to persons and damage to third party property except as a direct result of the negligence of the Company or its employees. The Company shall not be liable for any financial, economic or consequential losses of any kind that may be incurred by the Customer either directly or indirectly in the performance of the Contract and the delivery of the Event. In any circumstance the maximum liability of the Company shall not exceed the value paid for the Event.
- Copyright
8.1 The Company will retain the ownership and sole rights to the copyright of any material produced for the purpose of training courses and no part of such material may be reproduced or transmitted in any form by any means unless so authorised by a Director of the Company.
8.2 All copyright, design rights and other intellectual property rights belonging to the parties at the onset of the Event will remain the property of the respective party. Rights in any work during the course of the Event will remain the property of the Company unless expressly agreed otherwise in writing by a Director of the Company.
- Data Protection
9.1 The Company has measures in place to protect the personal data held by us. Personal data collected from you including personal data relating to Delegates will only be used by Allsafety Diggerland PTS in order to fulfil our obligations under the Contract including in the administration of your booking and in the arrangement and provision of the Event and in complying with our obligations in relation to health and safety and other regulatory obligations as well as for informing you about the Company’s products and services. All personal data is processed in accordance with data protection legislation.
- Recruitment
10.1 In the event that the Customer makes any offer of employment to, or arrangement to take services from any employee of the Company or any subsidiary of the Allsafety Diggerland PTS, then a fee equivalent to 22.5% of the starting salary (to include basic salary, bonus and benefits in kind) will become due and will be invoiced as per Clause 3.
- Entire Agreement
11.1 These Terms and Conditions apply to any Event offered by the Company.
11.2 If there is any conflict between these Terms and Conditions and any others then these Terms and Conditions shall prevail unless expressly otherwise agreed in writing by a Director of the Company.
- Jurisdiction
12.1 These Terms and Conditions shall be interpreted in accordance with English Law and the parties agree to submit to the jurisdiction of the English Courts. -
Data Protection Act and Consumer Credit License.13.1 Diggerland PTS uses a number of credit reference agencies and clubs to protect itself from fraud and bad credit risk as well as taking references from Trade Suppliers and Bankers where appropriate. By applying for an account with Diggerland PTS the customer hereby agrees that Diggerland PTS may access store and use such information about their Company and/or Directors and/or Shareholders and/or Partners to allow Diggerland PTS to decide whether to offer or continue to offer credit.
13.2 For its part Diggerland PTS agrees that any information accessed as detailed in clause (a) above will be held solely for the purposes detailed in the General Data Protection Regulation (EU) 2016/679 (EU GDPR)and that at no time shall this information be imparted to a third party except to our legal representatives and where we are required to by law. Use and storage of such data shall at all times be in conformity with the Regulation.13.3 Diggerland PTS is compliant with the General Data Protection Regulation (EU) 2016/679 (EU GDPR)and holds a current Consumer Credit License. Details are available upon written request to the Financial Director at Diggerland PTS Head Office.