Terms & Conditions
1 DEFINITIONS
By using this website and MPH Training booking service, the Client is agreeing to the be bound by the terms and Conditions detailed below which forms the basis of the Clients contract with MPH Training.
The following expressions shall have the following meanings:
1.1 “Booking Service” means MPH Training of Davis Road, Aveley, United Kingdom.
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“Client” means any person who purchases Services from the Booking Service;
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‘’Training Provider’’ means third party suppliers
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“Agreement” means the agreement between the Booking Service and the Client in connection with the provision of the Services which shall comprise these Terms and Conditions, together with the Booking Service’s order confirmation and, if also signed quotation or other similar document describing the Services;
1.5 “Services” means the services to be provided by the Booking Service and Training Provider to the Client as set out in the order confirmation;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Booking Service;
1.7 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
1.8 “Arbitrator” is the party nominated to resolve a dispute between the Service Provider and the Client.
1.9 ‘’Business Day’’ means Monday – Friday, not weekends, public or bank holidays in England.
1.10 ‘’Commencement Date’’ means the commencement date for the Agreement as set out in the Booking Service’s order confirmation.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Booking Service to the Client.
2.2 In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Booking Service in writing.
2.3 Any variation to these Terms and Conditions must be agreed in writing by the Booking Service.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Booking Service may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 SERVICES
3.1 When making a booking the Client is confirming that they are authorised to do so on behalf of all persons named in the booking, they have the right to share personal information and the Client acknowledges that all members of their party agree to be bound by these Terms & Conditions.
3.2 Booking Confirmations will be shared by email. The Client must carefully check confirmation details immediately. The Booking Service must be made aware of any incorrect or incomplete details, in writing within 24 hours.
3.3 The Booking Service cannot accept liability for inaccuracies, nor can they accept responsibility for inaccurate information that the Client has supplied. Inaccuracies must be notified in writing.
3.4 The Commencement Date detailed in the Booking Service order confirmation, in consideration of the Fees being paid in accordance with the Agreement, the Booking Service shall provide Services to the Client.
3.5 The Agreement must be accepted by the Client in its entirety.
3.6 The Agreement between the Booking Service and the Client, incorporating these Terms and Conditions, shall only come into force when the Service Provider confirms acceptance in writing to the Client.
3.7 The Booking Service shall use all reasonable endeavours to complete its obligations under the Agreement.
4 SERVICES AND DELIVERY
4.1 The Services are as described in the order confirmation provided to the Client.
4.2 Any variation to the Services must be agreed by the Booking Service in writing.
5 PRICE AND PAYMENT
5.1 Unless otherwise agreed in writing all payments are required prior to services being confirmed to the Client. Bookings made via the website must be guaranteed with a credit or debit card or paid via invoice. Fully payment must be made to secure a booking.
5.2 The time of payment shall be of the essence. If the Client fails to make payment on the due date listed on the invoice issued in UK Sterling (£) then the Booking Service shall, without prejudice to any right which the Booking Service may have pursuant to any stator provision in force from time to time, have the right to charge the Client interest on a daily basis.
5.3 The Client will pay interest on all late payments at a rate of 4.99% per annum above the base lending rate of Santander/Starling.
5.4 The Booking Service is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Booking Service is late.
5.5 The Client is not entitled to withhold any monies due to the Booking Service.
5.6 The Booking Service reserves the right to increase or decrease the price of unsold courses at any time. The price of the Clients service will be confirmed when the booking is made, with the exception of any errors, the Booking Service will not increase the cost once the price has been confirmed.
5.7 The Booking Service reserves the right to correct any errors in advertised and confirmed prices and will do so as soon as the Booking Service is aware of the error. The Booking Service will notify the Client of any price discrepancies relating to the booking should they arise. The Booking Service strongly advise the client checks the final price of the Service before confirming the booking.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with the Booking Service and shall provide any support, information and facilities to the Booking Service as may be required.
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6.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Booking Service for the purpose of providing the Services for a period of six months following completion of the Services.
6.3 The Client shall retain responsibility for the compliance of any relevant legal obligations, whether imposed by statute or otherwise.
7 BOOKING SERVICE OBLIGATIONS
7.1 The Booking Service shall supply the Services as specified in the order confirmation.
7.2 The Booking Service shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and UK law.
7.3 The Booking Service shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Client of any significant changes to personnel.
8 CONFIDENTIALITY
8.1 The Booking Service shall keep secret and confidential all information relating to the business or affairs of the Client, the Clients subsidiaries, and the Clients customers.
8.2 The Booking Service shall ensure that any other parties to whom work has been delegated will sign an appropriate secrecy undertaking.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Booking Service shall take all reasonable steps to ensure that they, or others to whom work has been delegated, refrain from causing damage to the Intellectual Property Rights belonging to the Client.
9.2 The Client shall not distribute any Intellectual Property Rights belonging to the Booking Service to any third party without the written consent of the Booking Service.
9.3 Any Intellectual Property Rights created as a result of the Services shall belong to Booking Service unless provision has been made to the contrary in the order confirmation.
9.4 The Client and the Booking Service shall not infringe the Intellectual Property Rights of any third party during the term of this Agreement.
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10 VARIATION AND AMENDMENTS
10.1 If the Client wishes to amend any details of the order confirmation it must notify the Booking Service in writing as soon as possible. The Service provider shall endeavor to make any required changes and any additional costs shall be agreed with the Client in writing in advance of any changes being caried out.
10.2 Amendments are subject to availability and are subject to an administration fee of £10.00 plus any fees which the Training Provider may implement.
10.3 If, due to circumstances beyond the Booking Service’s control, the Booking Service has to make and change in the arrangements relating to the provision of Services, the Booking Service shall notify the Client immediately. The Booking Service shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
11 CANCELLATIONS AND REFUNDS
11.1 Should the Client wish to cancel their service the value of the refund will be in-line with the Training Provider’s Terms and Conditions, which will vary. The Booking Service can issue the Training providers Terms and Conditions prior to booking if requested.
11.2 In the unlikely event that a course is unable to accommodate a confirmed booking, or the course date is cancelled, the Booking Service will offer an alternative solution. This does not apply to minor changes or events resulting from events out of the Booking Service and the Training Providers control.
11.3 The Booking Service will not be held liable for expenses, costs or loses occurred by the Client as a result or a cancellation.
12 TRANSFERS
12.1 Booking transfers will be considered if a written request is received 28 working days prior to the course commencement date. Transfers are subject to availability and will be dealt with on a case-by-case basis.
13 THIRD PARTY SUPPLIERS
13.1 The Booking Service will suggest the most suitable solution to the Client, delivered by the Training Provider. Such Training Partners will have their own set of Terms and Conditions relating to the services provided. It remains the Clients responsibility to adhere to the Training Providers Terms and Conditions for the delivery of the training.
13.2 Delegate Information will be shared with Third Party Suppliers to enable them to deliver the Service agreed.
14 CIRCUMSTANCES BEYOND OUR CONTROL
14.1 The Booking Service cannot accept any responsibility for unforeseen circumstances beyond their control. These include but are not limited to a pandemic, epidemic, terrorist activity or threat, fire, natural disaster, riots, industrial disputes or injuries and death or an individual(s) through accidental circumstances unconnected with the Booking Service.
14.2 When confirming a service with the Booking Provider, the Client accepts responsibility for any damage or loss caused by the Client or a member of their team. Full payment for such damage or loss must be paid to the Third Party Supplier. If the Client fails to do so, they will be responsible for any claims subsequently made (together with the Booking Service and other parties full legal costs) as a result of the Client’s actions.
15 COMPLAINTS
15.1 Complaints against Third Party suppliers can be submitted in writing to info@mph-training.co.uk
16 TERMINATION
16.1 Either party may terminate the Agreement by notice in writing to the other if:
16.1.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
16.1.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
16.1.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
16.1.4 the other party ceases to carry on its business or substantially the whole of its business; or
16.1.5 any sum owing to that Party by the other Party under any of the provisions of the Agreement (not being the subject of a genuine and reasonably notified dispute) is not paid within 30 days of the due date for payment: or
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16.1.6 the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
16.2 In the event of termination the Client must make over to the Booking Service any payment for work done and expenses incurred up to the date of termination.
16.3 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
17 ARBITRATION
17.1 Any dispute arising under this Agreement will be referred to and decided by the Arbitrator.
17.2 The Arbitrator will be appointed by application to TBC at point of such occurrence.
17.3 A party wishing to refer a dispute to the Arbitrator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Arbitrator within seven (7) days of this intention being intimated.
17.4 The Arbitrator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Arbitrator must reach a decision within twenty-eight (28) days of referral or such longer period as the parties may agree.
17.5 During the period of arbitration both parties must continue with their obligations as stated in this Agreement.
17.6 The decision of the Arbitrator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
18 WARRANTY
18.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
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19 LIMITATION OF LIABILITY
19.1 The Booking Service shall not be liable under any circumstances to the Client, the Training Provider or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
19.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Booking Service for death or personal injury, however the Booking Service shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Booking Service in the insurance year in which the Clients claim is first notified.
20 ACCURACY OF INFORMATION ON THE WEBSITE
20.1 The Booking Service will endeavour to ensure the information on the Booking Service website is as accurate as possible. Content is reviewed and updated regularly.
21 INDEMNITY
21.1 The Client shall indemnify the Booking Service against all claims, costs, and expenses which the Booking Service may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
22 FORCE MAJEURE
22.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
23 ASSIGNMENT
23.1 The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Booking Service.
24 SEVERANCE
24.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
25 WAIVER
25.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
26 NOTICES
26.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
27 ENTIRE AGREEMENT
27.1 These Terms and Conditions supersede any previous agreements, arrangements, documents, or other undertakings either written or oral.
28 GOVERNING LAW
28.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
29 HOW WE USE YOUR PERSONAL DATA
29.1 The Booking Service ask for personal data to enable the Training Provider to provide the services requested and to maintain records.
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30 MEDICAL CONDITIONS
30.1 If the Client or delegate has a medical problem or disability which needs to be allowed for, the Booking Service must be notified at the time of booking to ensure an appropriate service is supplied.
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