1. Warranty
a) NKTS warrants that all courses supplied will be conducted in a professional manner in accordance with generally recognised practices and standards.
b) NKTS warrants that all course instructors will be appropriately qualified and experienced, and that all materials supplied shall conform with their published specifications.
c) NKTS makes no warranty as to the suitability of any materials, courses or other services supplied.
d) Given no services, courses or materials can replace proper business judgement, NKTS shall not be responsible for any business or other decisions made, or actions taken by Buyer or any delegate(s) based on any part of any materials services or course(s) supplied. Buyer shall have sole responsibility for accomplishing any objectives for which Buyer purchases any materials course(s) or services.
e) With the exception of the warranties provided in this Clause 1), NKTS makes no warranties express or implied in respect of any course(s), services or materials supplied, and NKTS specifically disclaims all warranties implied by law. If NKTS can be shown to have failed to fulfil its warranty obligations under Clauses 1a) or 1b) then NKTS shall reimburse Buyer up to the total cost of the course in question.
2. Bookings
Companies: Provisional bookings by phone or e-mail can only be held for 10 working days. Written confirmation of a provisional booking must be made by a valid purchase order or letter which must be received at least 10 working days prior to the commencement of the course.
Individuals: Provisional bookings by phone or e-mail can only be held for 10 working days. Written confirmation of a provisional booking must be accompanied by a 20% non-refundable deposit which must be received at least 10 working days prior to the commencement of the course.
3. Cancellation
a) Buyer agrees to pay the following charges to NKTS in the event that they cancel or withdraw from a confirmed booking for whatever reason prior to the commencement of the services:
Written Notice Given
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Cancellation Charge
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6-10 working days
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50% of fee
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1-5 working days
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100% of fee
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Notice must be given by Buyer in writing addressed to NKTS.
b) NKTS reserves the right to give the Buyer a minimum of 10 working days notice of course cancellation. Any deposits paid will be fully refunded
4. Prices
a) The price payable or specified sum shall be in accordance with the quotation.
b) Unless otherwise stated, prices do not include course documentation, refreshments, expenses, VAT or other taxes, which if applicable will be invoiced as separate items.
5. Payment Terms
a) All prices are payable in Sterling or Euro.
b) Companies: Unless otherwise specified, all prices for all products and services provided are payable by Buyer within (14) days of invoice date. Buyer will be presumed to have received all services ordered unless written notification is received by NKTS within (7) days of date of invoice.
Individuals: Unless otherwise specified, all prices for all products and services provided are payable by Buyer at start of event. No individual will be allowed to continue with an event if payment has not been received.
c) Where Buyer fails to pay any sum when due, then NKTS may discontinue performance under these terms. NKTS shall be entitled to interest on the amount due at the rate of 3% per annum above Bank of Scotland base rate ruling from time to time, calculated from date due, and to recover its expenses including legal fees and costs of collection.
6. Money Back Guarantee
a) Money Back guarantee applies to all NKTS's standard courses. NKTS will refund the 1st delegate portion or, in the event of a scheduled course, the delegates' fee of the course cost in full if a delegate is dissatisfied with the course content, training material, or the instructor's ability to teach the course. NKTS can not guarantee against the training facilities or general management or other facilities which are outside of NKTS's control for on-site courses.
b) The Money Back guarantee does not apply if a delegate does not meet the prerequisites for the course, fails to attend at least 95% of the course, is disruptive during the course or generally negative toward the course through no fault of NKTS. In which case, the instructor will inform the appropriate authorities and reserves the right to ask the delegate to leave the course. In the event that a delegate is asked to leave a course, NKTS reserves the right to charge full rates.
c) Where a course is part of a training package, the Money Back guarantee only covers the individual course and not the entire training package.
7. Confidentiality
In the event any NKTS Confidential Information (which will be identified as such by NKTS prior to disclosure) is included in any course, then Buyer and its delegates will be obliged to keep such information strictly confidential and not to disclose it to any third party whomsoever.
8. Copyright
Any reference materials and equipment provided by NKTS for use throughout the course are and shall remain the sole property and copyright of NKTS (unless otherwise advised) and shall not be removed from the premises on which the course is held. All rights in materials and courses are reserved. The copying, loan, unauthorised use or hire of any course materials (in whole or in part) provided to delegates is prohibited.
9. Substitutes
a) NKTS shall have the right to supply one or more substitutes of equivalent expertise to work in place of the original personnel. NKTS acknowledges that the Buyer has the right to refuse to accept the substitute personnel if, in the view of the Buyer, the substitute personnel have insufficient qualifications or experience.
b) Where substitution occurs, the other terms and conditions, in particular, (but not limited to) the Specified Sum and the timetable of the project, will remain unchanged, unless otherwise agreed by both parties in writing. For the avoidance of doubt, NKTS shall be responsible for the payments and expenses of the Substitute personnel.
10. Indemnity
Buyer accepts responsibility for compliance by its delegates with these terms and conditions. Buyer agrees to indemnify NKTS in full in respect of any loss, damage or injury suffered by NKTS or its employees by the conduct, act, negligence or omission of the Buyer or any of its delegates.
11. Limitations of Liability
a) NKTS will not be liable for delays or non-performance due to causes beyond its reasonable control.
b) The remedies provided herein shall be Buyer's sole and exclusive remedies and NKTS shall not otherwise be liable to Buyer for any direct or indirect damages however based.
c) The foregoing limitation of liability shall not apply to personal injury, death or loss of or damage to property resulting from NKTS's negligence provided that NKTS's liability for such loss or damage to property shall not exceed £100,000 or the price of the course for each event or series of events arising from the same cause.
12. Miscellaneous
a) These terms and conditions constitute the entire agreement between the parties and supersede all other terms and conditions contained on any acknowledgement form, or any other document issued by either party unless document is signed by both parties.
b) NKTS's failure to exercise any of its rights shall not constitute or be deemed a waiver or forfeiture of such rights.
c) Information contained herein is correct at time of going to press.
d) Neither party may assign any rights or obligations without prior written consent of the other party.
e) If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is the subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.
f) Written confirmation of a booking as stated in Clause 2) is acceptance of these term and conditions
g) These terms and conditions shall be governed by the laws of England & Wales.
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