Terms and Conditions

Definitions

For all purposes of this Agreement, except as is otherwise expressly provided herein or unless the context otherwise requires, the terms defined shall include the plural as well as the singular.

"FQM": FQM Ltd
"FQM Training": Division of FQM Ltd
"Fee": the fee that will be paid to FQM as specified herein
"Services": the Training and Consultancy Services
"Notice": written notice

Bookings Policy

Bookings are taken in the order that they are received and firm bookings take priority over provisional bookings. Firm bookings must be accompanied by payment in full or a purchase order.

Provisional Bookings

You can make provisional bookings on any of our public courses, providing that there are places available. Provisional bookings are normally held for a maximum of ten working days, allowing you time to confirm your bookings.

Confirmed Bookings

We require you to confirm your bookings in the following way:
  • Submitting a booking form with the relevant details by email or Fax.
  • Sending payment or a purchase order
We will normally send you written confirmation within five days of receiving your confirmation. Full joining instructions will normally be sent approximately 14 days in advance of the course start date. Where a course has pre-work then this information will normally be sent along with the joining instructions approximately 21 days in advance of the course start date to allow the pre-work to be completed. Please note that full payment must be received before the pre-work can be sent.

Payment

Payment must be received 14 days in advance of the start of the training course, unless specifically agreed otherwise in writing with us. Where an invoice is issued by FQM Training, either alone or in connection with a purchase order, payment is due by return. We will allow up to 30 days for processing but payment must be received 14 days before the start of the training, therefore it is essential to consider this when issuing purchase orders. Payment can be made in the following ways:
  • Electronic bank transfer (e.g. BACS)
  • Cheque
By agreeing to these Terms and Conditions you are confirming your agreement to pay for the training courses or other services in full.

Transfers

Transfers can be made up to 21 days before the start of the course. Transfers must be to the same course, are subject to availability of places and must be within six months of the initial booking. Requests for transfer must be received in writing and are effective from the date we receive the written request. You will be liable for any costs incurred for accommodation and training materials we may have booked for you.

Substitutes

We understand that sometimes a nominated person may be unable to attend a course therefore substitutes are allowed up to commencement of the course.

Cancellations

After you confirm a place we frequently refuse other bookings for that place. Therefore we cannot accept cancellations for any reason less than 15 days in advance of the start date of the training. Cancellations made 15 days or less from the start date of the training will incur the full cost of the training, including any expenses.

Cancellations made more than 15 days in advance of the start date of the training will incur a £50 administration fee. Delegates failing to arrive for the training or leaving the training during the course will incur the full cost of the training, including any expenses.

We endeavour always to run the courses as scheduled. However, on occasions and due to circumstances beyond our control we may have to change the venue, location or dates at any time and without prior notice from that published. In these cases should you wish to cancel your booking we will of course make a full refund. We understand how frustrating this can be for you and will only do this when it is absolutely necessary, but reserve the right to do this.

Warranties

Courses supplied hereunder will be conducted in a professional manner in accordance with generally recognised practices and standards;
- it will provide appropriately qualified and experienced instructor(s) and consultant(s) to deliver Courses using suitable Course Materials; and
- it will not knowingly include any copyright material in its Course Material without a licence or without the consent of the copyright owner.
Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

In House Training

FQM Training will provide the training course, training materials, transport and accommodation for the tutor at locations within the UK.  Courses at venues outside the UK will be subject to separate agreement.  The customer is responsible for providing a suitable training venue and any other associated costs such as travel, accommodation and refreshments for delegates attending the course.

Liability

Cancellation by FQM Training Liability for a course cancelled by FQM Training is limited to the provision of a further training course or a refund of the course fee. FQM Training are not liable for any consequential loss or costs associated with the cancellation of the training course.

Intellectual Propery/Copyright

All intellectual property rights and copyrights on knowledge, concepts, materials belong to and will remain the property of FQM Training.

Administration

Where the customer fails to comply with these terms and conditions FQM Training withhold the right to charge all costs incurred with the administration of related activities.

Late Payment

Where the customer fails to comply with these terms and conditions FQM Training withhold the right to charge interest and any additional costs incurred with finance relating to payments overdue

Personal Belongings

Personal belongings and items belonging to or in the possession of the Customer or any Delegate brought onto FQM Training Premises or assigned venues for the training, are the sole responsibility of the owner and FQM Training accepts no responsibility for such items. Delegates using any car parking facilities provided at any FQM Training venues do so entirely at their own risk and FQM Training does not accept any responsibility for damage, accident or loss resulting from such usage

Responsibilities

FQM is an independent contractor and is in no circumstances nor for any purpose deemed to be an employee or agent of yours.

You agree to indemnity and hold harmless FQM from and against your consequential or indirect loss or damage including but not limited to economic loss, loss of profit, business revenue, data, goodwill or anticipated savings (whether such of the aforesaid occurs either directly or indirectly as a consequence or the parties entering into this Agreement).

FQM’s liability for failure to perform the Services shall be limited to re-performance of the Services and this shall be FQM sole warranty.

Non-solicitation

You shall not without prior written consent of FQM (such consent to be withheld only as so far as it may be necessary to protect our legitimate interests) at any time during this Agreement and for a period of three (3) months after termination of this Agreement, for any cause whatsoever solicit, entice or endeavour to solicit or entice away from FQM any person deployed or engaged by the Company in any capacity whatsoever.

Administration

All fees mentioned herein are exclusive of Value Added Tax which will be added at the prevailing rate at the time of invoice.

All invoices shall be paid within 30 days of receipt. Should payment not be made within the above period then FQM may terminate this Agreement in accordance with clause 3.

Interest will be added at 2% above Bank of Scotland Base Rate to overdue accounts.

FQM shall procure at its own costs and expense.

Employers Liability Insurance in a minimum amount of £10,000,000 covering all persons provided by FQM the full extent required by all laws having jurisdiction over such persons and/or locations where Services are being performed.

Third party Liability Insurance covering property damage and/or loss and/or personal injury/death arising out of or in anyway connected with the performance of the services in a minimum amount of £250,000 for any occurrence and unlimited in aggregate.

Confidentiality and Patents

FQM documentation supplied as part of the services shall not be divulged by you or your servants, employees or agents to any third party or be used in any way by you otherwise than for the purpose of this Agreement. Such details shall be treated as confidential.

You shall not publish or supply or permit to be published or supplied to the press or news or media without prior approval of FQM any information about, or photograph of, any of the services. You shall ensure that this confidentiality is maintained.

General

No amendment or variation of this Agreement shall be valid unless evidenced in writing, expressly referred to as such and signed by duly authorised representatives of the parties to this Agreement.

Non-waver

Failure of FQM to insist upon strict compliance with any of the terms and conditions or failure or delay to exercise any rights or remedies or at law or the acceptance of Services or the making of payments hereunder shall not be deemed to be a waiver of any right of FQM to insist upon strict performance of this Agreement.

Governing Law

The validity, construction and performance of this Agreement shall be governed by the Law of Scotland.
 
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