Conflict Resolution Limited
Terms and Conditions
“the Company” means Conflict Resolution Limited (Company No. 06159550) whose registered office is at 73 Southern Road, Thame, Oxon, OX9 2ED and the terms “we” , “our” or “us” shall be construed accordingly and this definition shall include any agents of the company where appropriate
“Conditions” means these terms and conditions
“Contract” means any contract between the Company and the Customer for the provision of the Services
“Customer” means the person(s) or company who either books or uses the Services and the terms “you” and “your” shall be construed accordingly
“Delegate” means any person employed or controlled by the Customer who is designated to attend or does attend any training programme run by the Company
“In-House Delivery” means a training programme delivered specifically for and to the Customer at the Customer’s venue
“Open Delivery” means a training programme run by the Company for more than one Customer at a venue designated by the Company
“Services” means any services supplied or to be supplied by the Company to the Customer or to a Delegate.
2.1 All Services are provided by the Company subject to these conditions, which supersede any earlier sets of conditions and which shall override any terms of conditions stipulated, allegedly incorporated or referred to by the Customer whether in the order or in any negotiations leading up to an order.
2.2 The relaxation or waiver by the Company of any of these conditions on any occasion shall act merely as a waiver on that occasion and shall not affect our right to enforce these conditions on any subsequent occasion.
2.3 Any variation of these conditions must be confirmed in writing by a director, or other designated officer, of the Company and will not otherwise be valid.
2.4 Any description given by the Company of the Services is given by way of identification only and the use of such description shall not constitute a contract of sale by description.
3.1 Prices for the Services are in pounds (£) sterling and VAT shall be charged where applicable. Details of whether VAT will be charged can be found on the Company’s website. If you are in any doubt as to whether VAT is chargeable then please contact the Company prior to ordering as no refunds of VAT shall be given
3.2 The Prices displayed on the website or any other literature of the Company represent are subject to change or withdrawal without prior notice. Although the Company shall use its reasonable endeavours to ensure that information on the Company’s website is accurate, the Company shall not be responsible for any honest and reasonable pricing, typographical or other such errors
3.3 In order to keep costs as low as possible, the Company reserves the right to change the dates and location of Open Delivery training courses. Course places will be reallocated accordingly, and wherever possible in line with Customer’s needs. Refunds will not normally be available provided that 14 days notice of the change is given to the Customer and the Company does not accept liability for any financial or other losses incurred by the Customer as a result of such changes.
4.1 Terms of payment are strictly net cash and time for payment is of the essence. Payment is due immediately upon the placing of a booking although such payment will only form part of an offer to purchase the Services. If the Company refuses to accept any particular booking, a refund will be given.
4.2 If the customer fails to make payment at the time of the booking or their payment is rejected or refused by the issuing financial institution or card provider then without prejudice to the Company’s other rights, the Company shall be entitled to:
4.2.1 Cancel the booking until appropriate payment is received
4.2.2 Charge interest (both before and after any judgement) on the amount unpaid at the rate of 8% above Lloyds TSB Bank PLC base rate until payment is made in full.
4.3 If legal action is taken to recover any monies due to the Company then the Company reserves the right to charge the Customer for all and any costs incurred including legal costs and other expenses.
5.1 The Company reserves the right to decline to trade with any company or person.
5.2 After you have clicked to confirm your booking, the Company will send an e-mail to the address specified confirming receipt of your booking request and containing the details of your booking. Your booking represents an offer to us to purchase the Services and such an offer is only accepted by us when we send an e-mail confirmation to you that we’ve accepted your booking (the “Confirmation E-mail”). That acceptance will be complete at the time that we send the Confirmation E-mail to you and it is only at that stage that a contract shall have been formed.
5.3 The Company will not accept liability for bookings which are not confirmed and duplicate bookings may be charged. If you are in any doubt as to whether a booking has been made it is your responsibility to contact the Company so that the position can be clarified
6. CANCELLATIONS AND POSTPONEMENTS
6.1 Once accepted, no booking may be cancelled or postponed without the prior written agreement of a director, or appointed officer, of the Company.
6.2 In the event of a cancellation or postponement of an order for In-house Delivery the Company reserves the right (without prejudice) to charge 100% of the course fee in addition to any expenses already incurred by the Company should the cancellation or postponement notice be given less than 14 days before the course was due to commence. If such notice is given between 14 and 35 days prior to when the course is due to commence then the Company reserves the right without prejudice to charge 50% of the course fee in addition to any expenses already incurred by the Company.
6.3 In the event of a cancellation of a place or places for Open Delivery, the Company reserves the right, without prejudice to charge 100% of the Course fee for that individual charged pro rata if cancellation is not notified at least 35 days prior to the course start date.
6.4 The Customer’s attention is also drawn to Clause 7 below, as failure to comply with the terms of this Clause may result in cancellation without refund and a requirement to pay the Company’s costs to date.
7. HEALTH AND SAFETY
7.1 There is always a risk of injury during training, especially where physical intervention skills are taught. The Company reduces this risk as far as possible through careful programme design and the use of skilled and experienced trainers.
7.2 The Customer must ensure that they or their Delegates only attend programmes suitable for their role, that Delegates are physically, mentally and emotionally fit for ordinary duties and are prepared to undertake the training. The Customer must not send any Delegates on to courses who may be experiencing, or likely to experience, any post-incident trauma.
7.3 The Customer must inform the Company of any Delegates with special needs at least 30 days prior to the course start date or immediately after placing an order (if sooner) and to provide suitable information, equipment or services that may be required (i.e. interpreters, disabled access). Failure to provide such notice may result in the Company refusing to conduct the training for that individual and no refund will be given.
7.4 It shall be for the Company or their agents at their absolute discretion to decide whether an individual is physically, mentally and emotionally fit to take part in the training. If, in the Company’s opinion, such refusal was reasonably foreseeable then no refund of the course cost shall be given. If you are in any doubt as to whether you or a Delegate will be able to take part in training you must seek guidance from the Company prior to the booking of the course, as any cancellations will be dealt with under the cancellation policy set out above and failure to seek guidance will automatically deem the refusal reasonably foreseeable.
7.5 The Company is required to undertake a training needs analysis to ensure that Customers and/or Delegates are attending the appropriate course and, in the case of In-House Delivery, that the venue is suitable. The Company therefore requires access to the Customer and/or the Delegates at least 14 days in advance of the course start date to achieve this. If the Company is not provided with access to the Customer or, where relevant, the Delegate at least 14 days before the course is due to commence, then the Company reserves the right to cancel the course or remove that Delegate (without prejudice) and to charge 100% of the course fee in addition to any expenses already incurred by the Company.
7.6 The Customer must not do or allow to be done any act which will or may be a breach of any insurance policy put in place by the Company
7.7 Additional verbal and written guidance including further Health and Safety guidance is available to the Customer upon request to the Company.
8. PHYSICAL INTERVENTION COURSES
8.1 In the case of training courses involving physical interventions the Customer must ensure that all Delegates are issued with the information detailed at Annex A sufficiently prior to the delivery date to enable any suitable control measures to be in place or for the potential Delegate to be withdrawn as appropriate.
8.2 Delegates must have a responsible attitude to training participation. Any Delegate who deliberately or recklessly puts themselves or others at risk of injury will be excluded from training and may render him or her liable to criminal or civil litigation as a result. Should the behaviour, conduct or language of a Delegate become disruptive to the learning of the group, the trainer may feel it necessary for the benefit of others to exclude that Delegate. For the avoidance of doubt, the Company will charge the full course fee for all Delegates if the Company cancels the course due to inappropriate Delegate behaviour. In addition, the Company will charge the full fee for any individual Delegate being so removed
8.3 Delegates must refrain from consuming alcohol during any refreshment or meal breaks. Further, Delegates must not attend a course or partake in any of the activities of the course whilst under the influence of alcohol or any other substance which may impair a Delegate’s physical or mental ability. If the Company believes a Delegate is under the influence of alcohol or such a substance then the Delegate shall be deemed to have cancelled the course and the appropriate penalties as set out in Clause 6 shall apply
8.4 To ensure the highest quality and safe learning environment the maximum number of participants and trainer ratio for each course is:
(i) Conflict management and physical intervention – One trainer to 12 Delegates
(ii) Specialist skills (such as ERB) – Two trainers to 20 Delegates
(iii) Trainer training – One trainer to a group of 10
If for any reason other than Force Majeure the Company cannot provide sufficient trainers then it shall provide refunds on a pro rata basis for those Delegates that cannot take part.
9. IN-HOUSE DELIVERY
9.1 The Customer is responsible for providing a suitable and safe training venue. This includes suitable access to the venue prior to the commencement of delivery to enable the trainer to prepare. The Company reserves the right to cancel and/or postpone and/or limit the content and level of training if the venue is considered unsuitable or entry is delayed. Full cancellation or postponement fees will be charged accordingly and additional training development time may be required, at the Customer’s expense, to complete the required training programme.
9.2 The training venue must be appropriate in size for twelve (12) Delegates to move freely in scenario work and, where applicable, for physical skills practice with a partner. The venue must be equipped for the presentation of material with an overhead or computer projector, screen, flip chart and paper or white board. Access at the venue must be provided for appropriate emergency procedures, nominated first aid qualified person and first aid equipment and Delegate refreshments.
9.3 The Company reserves the right to enforce the maximum Delegate limit and turn further Delegates away from a course or apply a surcharge against the Customer, or cancel or postpone a course where insufficient Delegates are available to enable effective learning.
Wherever practicable the Company will seek to notify the Customer of the proposed trainer(s) and provide the same trainer(s) throughout Scheduled Delivery but reserves the right to change trainers
10. CERTIFICATION AND REFRESHER TRAINING
10.1 The Company normally provides certificates of attendance and participation to any Customer or Delegate who complete training Services. Such certification will be subject to any relevant assessment criteria. In the case of physical intervention training any Delegate(s), must accurately demonstrate the skills and any MLP Delegate(s) will be subject to further assessment summarised at Clause 11. The Company provides options for certificates accredited by sector and/or awarding bodies.
10.2 Where the Customer purchases accredited certification the Customer must abide with any additional requirements imposed by the appropriate body. The Company may send accredited certificates directly to the Customer or the accrediting body may provide the certificates. The Company reserves the right to withhold certificate application and/or certificate issue until full cleared funds are received.
10.3 The Company reserves the right not to issue certificates to any Delegate(s) who do not complete a course, fail to accurately demonstrate the skills or other assessment criteria or where the Company’s trainer believes that the performance or behaviour of any Delegate(s) during the training may put him or herself or others at risk.
10.4 Certificates will be valid for two (2) years, unless specified differently on the certificates by the Company or accrediting body. In the case of Delegates completing physical intervention training the Company recommends update training every one (1) year. The Company further recommends that the Customerprovides appropriate and regular opportunities for staff to practice skills, commensurate with the risks associated with the Delegate(s) job role and specific sector guidance.
11.1 The Company accepts liability without limit for death or personal injury caused by its negligence or the negligence of its employees acting in the course of their employment in addition to any other liability which by law cannot be excluded
11.2 Subject to Clause 11.1 the Company’s total liability to you arising out of or relating to this Agreement including without limitation in respect of performance or non-performance of obligations, whether in contract, tort (including negligence where permissible), statute or otherwise will not exceed the total cost of the Services provided on the occasion that the liability arises
11.3 Notwithstanding Clause 11.2, and whether or not you have advised the Company of the possibility of such loss arising, in no event will the Company have any liability whether in contract, tort (including negligence where permissible), statute or otherwise for any consequential, special or indirect losses or damages or associated costs and expenses, not for loss of profit or revenue, loss of contracts, loss of goodwill or failure to achieve anticipated savings or benefits where such losses are consequential, special or indirect
Any media coverage or involvement in the Company’s Services must be formally agreed by the Company.
13. USE OF PERSONAL DATA
14. FORCE MAJEURE
The Company shall be relieved of all liability for obligations incurred to the Customer whenever and to the extent to which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statute rules, regulations, orders or requisitions issued by any government department, council or other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant or vehicles, accident, civil commotion, war, act of god, force majeure or any other cause beyond our control.
15. APPLICABLE LAW
These conditions and the contract and all matters pertaining thereto shall be governed by English Law and the English courts shall have jurisdiction in relation thereto.