TERMS & CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS
Activia Training terms of business
Please take note of these Terms and Conditions of business: they are here to help us all to operate under clear rules, and are designed to protect both parties within a clear and fair framework.
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1. The Law
These terms and conditions and all other expressed terms of the contract shall be governed and constructed in accordance with the laws of England.
2. Confirmation of Bookings
A Booking Form must be completed, signed and returned to Activia in order to reserve places and dates.
Alternative methods of confirmation can be by letter, email or official purchase order.
Where payment is made in advance, a completed Booking Form may sometimes not be required.
In all cases, Activia will issue a VAT invoice within two working days.
Payment must be made at the time of booking if paid by credit card, otherwise upon receipt of invoice.
Credit terms are at Activia's discretion at all times and are subject to satisfactory references and trading volumes. Discounted prices are not available if credit terms are used.
Activia understands and will exercise our statutory right to claim interest and compensation for debt recovery costs if we are not paid according to agreed credit terms.
Activia reserves the right to cancel training courses or places on them if payment terms are not observed.
An out of hours surcharge fee may apply for courses held at an Activia Training centre at the weekend or on a Bank Holiday, dependent upon the Centre location. Details available on request.
Payments can be made by cheque, BACS or credit card.
Cheques should be made payable to Activia Ltd.
Activia's bank details for BACS, IBAN and Swift/BIC payments are given at the foot of every sales invoice.
4. Cancellations, Re-scheduling and Transfers
Cancellations, re-scheduling or transfers will be permitted only if the invoice for the training has been paid in full.
Requests for cancellation, re-scheduling or transfer must be received in writing. For re-scheduling or transfer, this will usually then require a Booking Form to be signed and returned in order to complete the request. Failure to return the Booking Form will nullify the request.
The date on which the letter, fax, email or signed Booking Form is received by Activia will be deemed as the date on which the request has been made.
Agreement on dates for re-scheduling or transfer shall be subject to the availability of places, rooms and/or trainers.
If a re-scheduled or transferred booking cannot subsequently be attended by the client, the booking shall be cancelled without refund.
Substitution of alternative delegates is not considered to be a cancellation, and can be made at any time with no penalty applied.
NOTE: 'Schedule Your Own' bookings and bookings made at reduced or promotional prices must be paid for at the time of booking and cannot be cancelled or rescheduled.
NOTE: Bookings cannot be cancelled in order to benefit from a subsequent reduction in price, whether due to a change in the list price or a promotional offer. Therefore, if a booking is made, then cancelled when a lower price applies, it can only be re-booked at the original price.
4.1. Public (scheduled) Classes at Activia
If requested 21 or more days prior to the training date, no cancellation charge will apply.
If requested fewer than 21 days prior to the training date, a cancellation charge of 100% will apply.
'Schedule Your Own' bookings and bookings made at reduced or promotional prices must be paid for at the time of booking and cannot be cancelled at any time.
4.1.2. Transfers to a later date
If requested more than 14 days prior to the training date, a delegate can transfer to the next scheduled course without penalty.
If requested between 10 and 14 days prior to the training date, a delegate can transfer to the next scheduled course for a re-booking charge of 50% of the full course fee even if an initial discount has been applied.
If requested fewer than 10 days prior to the training date, no transfer option is available.
If a delegate cannot attend on the new date, no refund will apply.
'Schedule Your Own' bookings and bookings made at reduced or promotional prices must be paid for at the time of booking and cannot be rescheduled at any time.
4.1.3. Partner courses
These courses are run at centres operated by approved partners.
NOTE: A transfer to a later date is treated as a cancellation for these courses.
NOTE: Notice periods for partner courses are in WORKING days, not calendar days.
If requested 22 or more working days prior to the training date, a cancellation charge will apply as follows:
Cancellation: £ 449
Reschedule: £ 349 (payable at the time of re-booking)
If requested fewer than 22 working days prior to the training date, a cancellation charge of 100% will apply.
Microsoft Technical, Oracle, ITIL®, VMware, Cisco, UNIX and Red Hat)
If requested 22 or more working days prior to the training date, no cancellation charge will apply.
If requested between 12 and 21 working days prior to the training date, a cancellation charge of 50% will apply.
If requested fewer than 12 working days prior to the training date, a cancellation charge of 100% will apply.
4.2. Private (bespoke) Classes or In-House Training
If requested 21 or fewer days prior to the training date, a cancellation charge of 100% will apply.
If requested more than 21 days prior to the training date, a cancellation charge of 25% will apply.
If a request is received, and new dates agreed, more than 21 days prior to the original training date, the client can re-schedule the date without charge.
If a request is received, and new dates agreed, between 10 and 21 days prior to the original training date, the client can re-schedule the date for a re-booking charge of 50%.
If a request is not received, or new dates have not been agreed, less than 10 days prior to the original training date, a cancellation charge of 100% will apply. If a request has been received, but new dates have not been agreed by the original training date, the course will be deemed to have been cancelled and a 100% cancellation fee shall apply.
If a client cannot provide delegates for the re-scheduled date, a cancellation charge of 100% will apply.
4.2.3. Delegate Numbers
If more delegates attend than have been booked, standard charges, as detailed in our prices schedule, will apply to the additional delegates. An invoice will be raised without requirement for a booking form.
However, since classes are prepared, and materials produced, for the number of delegates booked, if delegates do not attend, no credit or refund will be due for them.
4.3. Communication of Disputes
The client must notify Activia of any dispute or problem with booking or cancellation, within a period of three months of the original booking. Any subsequent failure by the client to communicate on the matter for a three month period shall be considered to have closed the matter and will nullify any claim against Activia.
Where a refund is due for any reason, it shall be made within 28 days from the date of acknowledgement by Activia.
6. Training Programmes
Where a number of training courses have been arranged as part of a training programme, the deadline for cancellation, re-scheduling or transfer of any course within the programme shall relate to the first course date, and not to the date of any individual courses within the programme.
Except in respect of death or personal injury caused by Activia's negligence, or as expressly provided in these Conditions, Activia shall not be liable to the client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Activia, its servants or agents or otherwise) which arise out of or in connection with the provision of the training course and the entire liability of Activia under or in connection with the contract shall not exceed the amount of Activia's charges for the provision of the training course except as expressly provided in these conditions.
Activia shall not be liable to the client or be deemed in breach of contract by reason of any delay or failure to perform any of Activia's obligations in relation to the training course if this was due to any cause beyond Activia's reasonable control.
8. Training Vouchers Scheme
Blocks of Activia Training Vouchers can be purchased at preferential prices for training courses on Activia's Public (scheduled) training courses, or for Private training courses.
Payment for blocks of Training Vouchers is due on receipt of invoice.
Training Vouchers have a life of 12 calendar months from the date of invoice, although bookings cannot be made against them until cleared payment is received.
Upon receipt of payment, Activia will issue a block of Training Voucher (TV) codes that can be used to book delegates on any public class, or to arrange a Private training course, subject to availability.
Clients may purchase an unlimited number of Training Vouchers under the scheme, but any failure by the client to use all of the Training Vouchers within 12 calendar months will result in residual Training Vouchers being forfeited by the client without entitlement to compensation or reimbursement.
An order for a block of Training Vouchers constitutes a commitment by the client to place a specified volume of training with Activia at a discounted price. Once issued, invoices for Training Vouchers cannot be credited or cancelled, in whole or in part, for any reason.
If an individual booking against a block of Training Vouchers is cancelled, the Training Voucher will be deemed used and the TV code cancelled as follows:
Public Classes: if requested 14 or fewer days prior to the training date
Private Classes: if requested 21 or fewer days prior to the training date
8.2. Transfers (Public Classes)
If a delegate cannot attend a Public class, another delegate can be substituted at any time.
If requested more than 10 days prior to the training date, a delegate can transfer on to the next scheduled course using the same TV code.
If a delegate cannot attend on the new date, the TV code will be cancelled.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of these Terms and Conditions.
This shall not apply if the deletion of such provision would result in such a material change so as to cause completion of the intended transactions to be unreasonable.
10. General Information
Address for all correspondence: Activia Ltd, Regus House, 268 Bath Road, Slough, SL1 4DX
Company registered in England, Reg.no. 03037327
Date of incorporation: 23rd March 1995
VAT number: GB 604093959
These terms and conditions are subject to change without notice, but any changes shall not be retrospectively applied.
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