Training Events T&Cs
1. These Standard Terms and Conditions of Contract should be read together with our Confirmation of Booking.
In this document “Charges” means the agreed amounts to be paid by the Customer to NDNA."Customer” means the commissioning Customer defined in the Confirmation of Booking; “Full Fee” means the full amount of the estimated charges set out in the Confirmation of Booking. “Training” means the training to be arranged by NDNA for the Customer, as described in the Confirmation of Booking. “Deposit” means a non-refundable amount of £100 that is payable upon confirmation of booking an “in house” course, if the “Full Fee” can’t be paid at the time of booking. “In house” means a course ordered for a nursery’s own staff at their own venue.
3. Commencement and duration
This Contract shall come into force as between NDNA and the Customer on the date of the payment of the Deposit or Full Fee, which constitutes confirmation of Booking by both NDNA and the Customer and shall continue in force until completion of the Training. If the customer is a public sector body that cannot make card payments, the training cannot be confirmed without written receipt of a valid Purchase Order number and verified Invoicing Address.
4. Entire agreement
These Standard Terms and Conditions of Contract, the Confirmation of Booking and any other documents annexed (together the “Contract”) constitute the entire agreement and understanding between the parties and supersede any prior written or oral agreements.
5. Governing law and jurisdiction and interpretation
The Contract shall be governed by and construed in accordance with the laws of England and Wales
6. Service of notices and communication
NDNA and the Customer shall each appoint a named person to be the lead contact in connection with the Contract, these will be the persons who sign the Confirmation of Booking and who have the necessary authority to contract on behalf of the Customers.
Any notice or other communication given under the Contract must be made in writing, addressed to the Lead Contact referred to in clause 6.1 and given either by hand, first class recorded postal delivery, facsimile transmission or sent by electronic mail.
7. Amendments and variations
No amendment or variation to the terms of the Contract shall be valid unless previously agreed in writing between the parties.
8. Cancellation of “in house” training
If the customer gives notice of cancellation of the Training more than 21 days before the agreed start date then a full refund will be made, minus the £100 Deposit (if the full fee has already been paid). If the full fee hasn’t been paid, the deposit is non-refundable, but no further charges will be incurred.
Where the customer wishes to re-arrange a confirmed date of “in house” training or preparing for Inspection visit less than 21 days before the training/Preparing for Inspection visit is due to take place, a re-arrangement fee of £100 will need to be paid. Failure to pay the re-arrangement fee will cause the training to be cancelled with no refund payable to the customer. If the customer has only paid the £100 deposit, then the customer will need to pay the remaining balance, plus the re-arrangement fee of £100. Following a re-arrangement request, the customer can no longer request a refund. Refunds can only apply to cancellations more than 21 days before the date of the original booking. Any further re-arrangement requests will require a re-arrangement fee of £100, regardless of notice period.
If Ofsted conduct an inspection of the nursery prior to or on the date of the arranged Preparing For Your Inspection, the fee paid to NDNA can be transferred (net of VAT) to another in house training course of choice to be delivered at a date no later than three months of the original arranged date. No refund will be made unless the cost of the chosen in house course is lower than the cost of Preparing For Your Inspection in which case the difference will be refunded. If the customer has re-arranged the original date of the Preparing for Inspection visit and Ofsted inspect the nursery before the re-arranged date, then no refund or product exchange will be available.
8.4 Cancellation of an Open Training place
– if a customer wishes to cancel a place on an Open Training event by giving more than 14 days’ notice, a full refund will be made. If notice of cancellation is less than 14 days, no refund will be paid.
If instead of cancellation, a customer notifies us less than 14 days before the event of their wish to swap onto a different training course, the customer will be charged an administration fee of 25% of the original booking fee (inc VAT).
The customer must select the course they would like to swap to within 48 hours of notifying us of the intended swap. If NDNA is not alerted within 48 hours, the initial booking fee will not be refunded and NDNA will not be able to carry out the swap. All swaps are subject to NDNA’s discretion and course availability.
NDNA may cancel or postpone the Training at any time before the start of the training by giving 15 working Days’ notice in writing to the Customer.
Where notice of cancellation by NDNA of the Training is given more than 14 days before the agreed start date then the training will be rescheduled to a later date.
Where notice of cancellation by NDNA of the Training is given 14 or less days before the agreed start date then the training will be rescheduled or a full refund will be offered.
Upon cancellation of the Training in accordance with this clause 8, this contract shall terminate and the provisions of clause 14 shall apply.
Local Authorities – If a local authority gives notice of cancellation of training more than 14 days before the agreed start date, no charges will be incurred.
If a local authority gives notice of cancellation of training less than 14 days before the agreed start date, 50% of the cost will be incurred, providing the training is rescheduled for a later date. If the training is not rescheduled the full cost will be incurred. If the rescheduled date is cancelled then the full cost will be incurred.
Where notice is given by NDNA points 8.5 – 8.8 will apply.
9. Adverse weather
NDNA and the Customer reserve the right to cancel training due to adverse weather conditions at any time leading up to the commencement of the event. NDNA will liaise directly with the Associate/Trainer and the Customer at all times to determine whether training can take place.
In the event of cancellation, the training will be rescheduled to a later date at no extra cost to the Customer; however no refund will be given. In the event that the training cannot be rescheduled, the fees paid by the Customer will be credited to them to be redeemed against other NDNA products and services.
NDNA and the Customer reserve the right to postpone training due to adverse weather conditions after the delivery has commenced. In this instance, NDNA and the Customer will agree whether an additional training session is required at a later date.
For the purposes of this clause 10 “Confidential Information” means all information, including but not limited to technical, commercial or personal information, obtained or received by NDNA as a result of entering into or performing its obligations under this Contract .
NDNA agrees not to disclose any Confidential Information to any person other than the Customer without its prior written consent. To the extent that it is necessary for NDNA to disclose Confidential Information to any agreed sub-contractors, NDNA will ensure that such sub-contractors are subject to obligations in respect of Confidential Information which are no less onerous than the obligations on NDNA
contained in this clause.
Clause 10.2 shall not apply to information which:
(A) is or becomes public knowledge (otherwise than by breach of this Contract or a breach of an obligation of confidentiality);
(B) is in the possession of NDNA, without restriction as to its disclosure, before receiving it from the disclosing party;
(C) is required by law to be disclosed
The obligations contained in this clause 9 shall continue to apply after the expiry or termination of the Contract.
Except with the prior consent in writing of the disclosing party, NDNA will not make use of the Contract or any Confidential Information otherwise than for the purposes of carrying out the Training. However, NDNA may approach the Commissioning Customer with a view to agreeing a form of words which may be used by NDNA in publicity or other material.
We use your information to provide, administer and improve our services and marketing to you, to process your membership, your orders, bookings and your payments and to communicate with you.
We will only contact your personal email address if we have your consent to do so. We collect this consent when you sign up to membership and/or make a booking with us. All our marketing email communications includes clearly visible unsubscribe and opt-out links for changing preferences. You can opt out of communications at any time by emailing firstname.lastname@example.org
Information collected by us will be used by NDNA only and not passed to third parties unless you have given consent, except where the product or service is delivered by a third party on our behalf, or we are obliged by law to do so. If those third parties are based outside the EU, we will ensure that their data processing activities are compliant with EU law. We will only keep data for as long as necessary.
11. Invoices and payment
NDNA shall provide the Training to the Customer in consideration of the payment of the Charges to NDNA by the Customer.
NDNA will submit invoices for the Charges and agreed expenses to the Customer prior to the commencement of the proposed Training.
The Customer will pay the total amount shown on each invoice at least 30 days prior to the course commencing.
If payment for a correctly submitted invoice is overdue NDNA will, in the first instance, speak to the Customer’s Lead Contact. In the event that the problem is not resolved, NDNA may take such actions to collect outstanding sums as it deems reasonable and may recharge any cost of such actions to the Customer.
12. Termination for breach of contract
If either party commits a material breach of the contract which is either not capable of remedy, or, if it is capable of remedy, is not remedied within 28 days of being notified by the other party in writing to do so, the person who served such notice shall be entitled to terminate the Contract with immediate effect by notice in writing to the other party.
13. Consequences of termination
Upon any termination of this Contract (for whatever cause): the rights and the obligations of the parties under this Contract shall terminate and be of no future effect except for those clauses which relate to issues of confidentially and liability. Termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of this Contract which existed at or before the date of termination.
14. Service delivery
t is for the Customer to satisfy itself that the Training meets its needs. NDNA does not accept liability if the Training does not meet the Customer’s needs.
NDNA reserves the right to provide the Customer with an advisor/trainer of NDNA’s choice. NDNA undertakes to ensure that such advisor is competent to provide the Training.
If the Customer has a reason to be dissatisfied with the advisor/trainer assigned by NDNA, the Lead Contact should write to the relevant NDNA contact stating those reasons. NDNA will investigate the complaint taking account of relevant circumstances and will try to resolve the matter with the Customer. Any change of advisor/trainer assigned to the Training shall be at the discretion of NDNA. For the avoidance of doubt, the Customer shall not be entitled to insist upon a change of advisor/trainer. In the event that the matter is not resolved to the satisfaction of the Customer, it shall have the right to terminate the Contract with immediate effect on notice in writing to NDNA.
NDNA shall use its reasonable endeavours to complete the Training within the number of days stated in the Confirmation of Booking. Where in NDNA’s sole opinion the Training cannot be completed as set out in the Confirmation of Booking then:
(A) where such situation is not attributable to the acts or omissions of the Customer, NDNA will inform the Customer in writing to seek a mutually acceptable solution;
(B) where such situation is due to NDNA’s negligence then the matter will be referred to the lead contact for resolution.
NDNA will evaluate its Training delivery following completion of the Training based on completed evaluation forms and share the results of that evaluation with the Customer.
15. Intellectual property rights
NDNA retains intellectual property rights to all material produced by NDNA. The Customer is not, by virtue of this Contract or any other contract, entitled to reproduce or otherwise use case studies, quizzes or other material produced by NDNA unless it can be expressly shown to be otherwise in the public domain.
Where it is agreed that the Customer is responsible for providing a suitable venue for the Training it shall ensure that the venue complies with all applicable legislation and NDNA shall not be liable for damage or injury suffered by persons attending at such venue other than for death or personal injury caused by NDNA’s negligence. The venue will meet the following: Adequate levels of heat, light, space for a learning environment, comfortable full sized adult chairs, adequate refreshments for all delegates – at least one serving of tea/coffee plus water available, no glare from windows onto projector screen, clean well maintained area and adequate toilet facilities.
17. Limitation of liability
NDNA aims to provide the Training with skill, knowledge and care and to be independent and impartial.
NDNA shall use its reasonable endeavours to ensure that any information provided by NDNA in the provision of the Training is accurate and current but NDNA accepts no liability for the accuracy of such information or for any consequences of the Customer relying on its accuracy, except in the event of fraudulent misrepresentation.
The Training provided by NDNA under this Contract is specific to the Customer. NDNA accepts no responsibility for any consequences arising from reliance upon advice provided by NDNA by any person other than the Customer or for any purpose other than the Training.
18. Non discrimination
The Customer agrees that it will comply both in actions and in spirit with all equal opportunities legislation when determining delegates for inclusion in the Training. NDNA undertakes to treat all delegates with dignity and respect regardless of race, colour, ethnicity, gender, disability, age, sexual orientation, religion or belief.
19. Force majeure
Failure by any party to this Contract to perform any of its obligations under this Contract, save for failure to make payment against invoices, as a result of conditions beyond its reasonable control such as, but not limited to: war, strikes, fires, floods, acts of God, illness and governmental restrictions shall not be deemed a breach of this Contract.
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