Focus on Training
Terms & Conditions effective from 05 May 2009
1. Definitions
In these Conditions the following expressions shall have the following meanings:
• “Focus” or “Focus on Training” means Focus Project Management (Europe) Ltd of Olympus House, Werrington Centre, Peterborough PE4 6NA.
• The “Client” means the person, company or other legal entity identified as providing a request to Focus to supply Services.
• “Services” means the goods or services to be provided by Focus to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
- A request to supply Services has been received from the Client by Focus
- Focus confirms 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 Focus and the Client under which the Services are to be supplied by Focus to the Client
• “Training Provider” means the company delivering a course when this is not Focus
• “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, trade marks and confidential information.
2. Prices
The price payable for the Services shall be the list price of Focus at the Confirmation Date unless otherwise stated.
The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
Where Services are provided in the UK, regardless of the Client’s country of origin, the point of supply for VAT purposes is the UK.
3. 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.
Focus is entitled to charge interest at 2% per Month or part thereof on overdue payments.
4. Training Courses
Focus provides training in conjunction with selected Training Providers. To the best knowledge of Focus 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. Focus 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 Focus website is for general guidance and does not form any part of a contract. Please contact Focus before making any travel or accommodation arrangements as Focus 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.
Focus 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, Focus 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.
5. Cancellation, Transfers and Substitutions with respect to Training Courses
Focus reserves the right to cancel or arrange an alternative date for a course. In such circumstances Focus will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation the Client will be entitled to a full refund of the course fee but Focus shall not be liable for any other loss or expense arising.
The Client may cancel the course booking by notifying Focus in writing by recorded delivery as soon as reasonably practicable. The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event. The Client shall be liable to pay a cancellation fee as follows:
Public Scheduled Courses:
Number of Days Notice Proportion of Course Fee
0 – 15 Working Days 100%
16 – 25 Working Days 50%
Customer Specific Courses (for example on Client’s site):
Number of Days Notice Proportion of Course Fee
0 – 25 Working Days 100%
In the event that the delegate is unable to attend the course booked Focus will endeavour to transfer the delegate to an alternative course. If this is requested 26 or more Working Days from the start date of the original course then the only charges applicable will be an administration fee of £50 (plus VAT) plus any difference in course price. If a transfer is requested within 26 Working Days then the cancellation fee above shall be payable.
Focus will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so. Such requests are subject to the replacement delegate meeting the pre-requisites for the course. In the event of substitution the Client shall pay an administration fee of £50 plus any unavoidable costs relating to the change.
6. Liability
Focus’ 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.
Focus 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.
7. Force Majeure
Focus 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 Focus is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Focus shall give written notice to the Client of such inability stating the cause in question.
8. Data Protection and Confidentiality
The policy of Focus with respect to data protection is detailed in its Web Site Legal Notice which should be read in conjunction with these terms and conditions of contract.
Where Services are certified training courses, the Client consents to allow Focus 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 Focus in providing advice to its clients.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Focus, 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 Focus. 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 Focus against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
9. General
The Contract shall only become effective at the Confirmation 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 Focus or its Training Providers shall be subject to correction without any liability on the part of Focus.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Focus.
Focus 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.
During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of Focus or its Training Providers.
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.
