Terms and Conditions
Terms & Conditions effective from 28th September 2017
In these Conditions the following expressions shall have the following meanings:
• “Knight Training” or “Knight Training UK” means Knight Training (UK) Ltd of 134 The Barracks, White Cross, South Road, Lancaster, LA1 4XQ
- The “Client” means the person, company or other legal entity identified as providing a request to Knight Training to supply Services.
• “Services” means the goods or services to be provided by Knight Training to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Original Booking Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by Knight Training
– Knight Training has confirmed to the Client that the course or other Services requested are available
– Payment has been received or alternative payment method agreed.
• “Contract” means the contract between Knight Training and the Client under which the Services are to be supplied by Knight Training to the Client
• “Training Provider” means the company delivering a course when this is not Knight Training
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.2. Prices
The price payable for the Services shall be the list price of Knight Training at the Original Booking Date unless otherwise stated.
The price does not include travel, accommodation, meals, or refreshments, or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
- Terms of Payment
Where the Services relate to the provision of a training course, payment by cheque, credit card, debit card or bank transfer is required no later than 25 Working Days before the course start date. Special arrangements may be separately agreed in the case of late bookings.
Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing.
Knight Training is entitled to charge interest at 5% per Month or part thereof on overdue payments.
4. Training Courses
Knight Training provides training in conjunction with selected Training Providers. To the best knowledge of Knight Training these Training Providers are suitably qualified and accredited to deliver the training courses offered.
The contents of course schedules are intended for general guidance only and do not form any part of a contract. Knight Training reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.
The indication of course availability and location shown on the Knight Training website is for general guidance and does not form any part of a contract. Please contact Knight Training before making any travel or accommodation arrangements as Knight Training will not be liable for any action that you may take in reliance on the information.
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.
Knight Training will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.
Unless otherwise indicated, all courses are delivered solely in English and all delegates must be sufficiently proficient in English language before attending a course.
For courses not exclusive to one Client, Knight Training and its Training Providers reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course. No refund will be offered in this instance.
- Course Duration
All classroom-based courses are run on working days only, unless otherwise stated. On the rare occasion where a training event duration spans a weekend the course will continue the following week. For example, if a 3-day training event commences on a Friday then the remaining 2 days of training will take place on the following Monday and Tuesday, unless otherwise stated or agreed with the Client, prior to the course.
- Cancellation, Transfers and Substitutions with respect to Training Courses
Knight Training reserves the right to cancel or arrange an alternative date for a course. In such circumstances Knight Training will endeavour to provide notice of cancellation or change to the Client. Knight Training (UK) Ltd reserves the right to alter the course content with no prior notice and reserves the right to cancel any training course at any time without any liability. In the event that a course is cancelled, Knight Training (UK) Ltd will offer alternative dates for the course or a full refund or credit note, but Knight Training shall not be liable for any other loss or expense arising.
All cancellations must be made at least 25 days prior to the course start date. No refund will be made in the event that a delegate cancels within 25 days of the course start date. No refund will be made in the event that a delegate fails to attend the course on the day.
In the event that the delegate is unable to attend the course booked Knight Training will endeavour to transfer the delegate to an alternative course. Delegates will be charged an administration fee of £15.00 plus vat to transfer an agreed date or to make any changes to the original booking, on the basis that the transfer is made at least 8 days prior to the course commencing. If the transfer is made within 7 days of the course the fee will be £90.00 plus vat to transfer.
In the event where a Training Provider is utilised, the Client will be subject to further Terms & Conditions. These will be available on request.
Knight Training’ total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.
Knight Training shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
- Force Majeure
Knight Training shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If Knight Training is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Knight Training shall give written notice to the Client of such inability stating the cause in question.
- Data Protection and Confidentiality
Where Services are certified training courses, the Client consents to allow Knight Training full access to examination results arising from their bookings. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate effectiveness of training and to assist Knight Training in providing advice to its clients.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Knight Training, its Training Provider or others.
Where Services are distance learning products then the Client shall abide by all reasonable terms of any licence agreement applicable.
Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Knight Training. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Knight Training against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
The Contract shall only become effective at the Original Booking Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Knight Training or its Training Providers shall be subject to correction without any liability on the part of Knight Training.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Knight Training.
Knight Training may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.