Terms and Conditions relating to events and training

Terms and Conditions relating to events and training

1         GENERAL

1.1     These are the terms and conditions of Michelle Hodgson of 29 Dartmouth Avenue, Huddersfield HD5 8UP trading as Key Words Copywriting Ltd (hereafter referred to as Key Words). Prices for events or quotations are made and orders accepted subject to these Terms and Conditions.  No contract shall be made until the offer of the Client, following the price or quotation, is accepted by Key Words in writing.  If any document placing an order includes or refers to other terms or conditions of contract then those shall not apply unless agreed in writing by Key Words.  No addition to or variation of these conditions will bind Key Words unless it is specifically agreed in writing and signed by the owner of Key Words.

1.2     These Terms and Conditions are correct at the date provided but Key Words reserves the right to vary them without notice. An updated copy will be supplied to the Client.

2         CLIENT SUPPLIED INFORMATION

Should any information or data requested by Key Words and/or supplied to Key Words for the preparation of the quotation prove to be insufficient or inaccurate Key Words reserves the right to amend the quotation to cover any cost difference.

3         PRICES FOR TRAINING AND EVENTS

3.1     Unless otherwise indicated, written quotations for training shall be valid for 30 days, thereafter Key Word’s reserves the right to vary its prices by written notice to the Client.

3.2     The prices for any events offered by Key Words are as set out in the advertisement for the event.

3.3     Key Words reserves the right, in its entire discretion, to offer discounts for events and/or training to certain persons, including without limitation, multiple bookings, early bookings, low income attendees (such as students and old age pensioners). Where any such discounts are offered Key Words reserves the right to request that the Client provides satisfactory evidence to demonstrate their entitlement to such discounts.

3.4     Events must be paid for in advance.

3.5     Training will be paid for as agreed between Key Words and the Client, although Key Words reserves the right to require payment on account particularly for larger training courses.

3.6     The Company has the right to charge interest on any late payments and may also terminate the contract if the client fails to settle the account on the due date for payment.

3.7     Prices are not subject to Value Added Tax.

4         SETTLEMENT TERMS

Save in circumstances where payment is taken at booking, if payment by invoice has been previously agreed, the payment must be made in cleared funds within 14 days from the date of invoice.

5         HEALTH AND SAFETY AND EQUIPMENT

5.1     Where the premises in which an event or training is to take place is in the possession or control of the Client, the Client shall use his or its best endeavours to ensure that any premises are safe and without risk. The Client may also be required to provide other materials and equipment such as flipcharts, projector and screen.  All such additional materials shall be in satisfactory working order.

5.2     Where the event or training is to be held at premises and using equipment or other materials belonging to a third party, although Key Words, will use all reasonable endeavours to check the premises for any safety risks, it has no responsibility and shall incur no liability in respect of any damages caused or contributed to by the condition or failure of such premises, equipment or materials, however arising, unless it is a direct result of the wilful default or negligence of Key Words.

6         BOOKINGS

Bookings for events and training may be made by email, through the Key Words’ website or by any other means set out in the advertisement.  Telephone bookings will be confirmed in writing.

7         CHANGES TO DATES/VENUE/SPEAKERS

7.1     Should circumstances beyond the Client’s reasonable control mean that the Client needs to transfer to another training course or event, the Client shall be entitled to attend any other event or training course as may be running (subject to any price difference) within the period of 10 months of the notice of the request to change.

7.2     Whilst Key Words will endeavour, wherever possible, to maintain the dates, venue and speakers where, due to circumstances beyond Key Words control it is unable to do so, then subject to paragraph 8 in relation to the change to a date, it shall reserve the right the change the date, venue or speakers without thereby incurring any liability to the Client. Key Words will use all reasonable endeavours to ensure that any changes to the venue shall be limited to a change within a reasonable distance of the initial venue and any changes to the speakers will be to speakers in the same or similar field and/or speaking on the same subject.

8         CANCELLATIONS

8.1     Should circumstances mean that the Client has to cancel an event or training programme (whether or not because the date has been changed by Key Words) and is unable to transfer his or its booking to another date at the time of cancellation, the following charges will apply:

• If the cancellation is within 5 working days of the event or training programme, the Client shall be entitled to a full refund;
• If the cancellation is made in less than 5 working days of the event or training programme, unless the Client can demonstrate to the reasonable satisfaction of Key Words that it is due to circumstances beyond their control, in which case a full refund will be given, Key Words reserves the right to retain or charge (as appropriate) all or any of the price for the event or training.

8.2     All cancellations must be made or followed in writing (including email) to Key Words and received by Keywords.

9         TIME

Key Words will use all reasonable endeavours to provide the training and events in accordance with the contract and within the times agreed.  All such times are estimates only and time shall not be of the essence of the contract. In the unlikely event Key Words has to change the date of the training or event and the Client can therefore no longer attend, the provisions of paragraph 8.1 shall apply.

10      INTELLECTUAL PROPERTY

The content of the training materials, event brochures, seminar notes, slides and other documentation provided at any training course or event (the Work) remains the property of Key Words and unless agreed otherwise in writing, the Client must not reproduce the Work without the express written permission of Key Words.  Information contained in, and about the training courses and event materials and the Work, must be kept confidential and only used for the purposes of the Client’s business as intended or agreed with Key Words.

11       LIABILITY LIMITATIONS

11.1  Nothing in the contact or these Terms and Conditions shall exclude or limit Key Words liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentations.

11.2  Subject to paragraph 11.1 above;

• Key Words shall under no circumstances be liable to the Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or indirect or consequential loss arising under or in connection with the contract or these Terms and Conditions; and
• Key Words total liability in respect of all other losses arising under or in connection with the contract or these Terms and Conditions, in each year whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount received in aggregate in each year in cleared funds by way of price for the training undertaken or the cost to the Client, of the event.

12      BROCHURES, LEAFLETS AND OTHER ADVERTISING

Brochures, Leaflets and any other advertising materials are for description purposes only and are not representations about the events or courses provided and shall not be contractually binding.

13      BREACHES AND INSOLVENCY

During an ongoing contract, Key Words  reserves the right forthwith to terminate the contract and/or claim damages if the Client breaches the agreement in any material respect or becomes insolvent within the meaning of the Insolvency Act 1986.

14      COURSE CONTENT

Key Words consistently develops its events and training materials in line with evolving business practice and therefore, reserves the right to make changes to the course training content without prior notice.

15      APPLICABLE LAW

English law shall apply to the contract and these Terms and Conditions and the English Courts shall have exclusive jurisdiction to settle all disputes.