1. Definitions
These are the terms and conditions governing the provision of training services by Influential Software Services Ltd or its subcontractors with the exclusion of any other oral or written statement or agreement whatever its legal character.
‘Client or Customer’ means a company or individual that completes a course booking form or enters into a contractual arrangement;
‘Delegate’ means the party or parties named as attendees on the course booking form;
‘Invoice’ means an invoice for the charges delivered by Influential Software Services Ltd to the customer.
2. General
These Terms and Conditions shall apply to all training carried out in the provision of services by Influential Software Services Ltd to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions.
Influential Software Services Ltd employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by Influential Software Services Ltd in writing. The Customer acknowledges that it does not rely on, and waives any
breach of, any such representations that are not so confirmed.
3. Acceptance of Order
3.1 Acceptance of bookings
Bookings can be accepted at any time up to the course start date, subject to availability.
3.2 Provisional bookings are not secure
Either payment in full or an official confirmation must be received from the Customer in order to confirm a place on a course. IMPORTANT: Prior to confirmation or payment, the place is held provisionally, and Influential Software Services Ltd may sell the place to another Client.
3.3 Confirming your booking
You can confirm a booking by paying for it in full or by supplying a binding purchase order by letter, fax or email.
4. Substitutions, Rescheduling and Cancellations
4.1 Substitutions
Delegate substitutions may be made prior to the start of the course without penalty, providing Influential Software Services Ltd is
informed in writing. It is the Customer’s responsibility, having referred to relevant Influential Software Services Ltd course
information, to ensure the course is suitable for the student’s requirements.
4.2 Rescheduling
Confirmed bookings may rescheduled by the Customer by giving notice to Influential Software Services Ltd in writing subject to the following terms:
4.2.1 Rescheduling transfer fees
Bookings rescheduled with more than 14 days notice of commencement the confirmed course incur no transfer fee. Bookings rescheduled within 14 days of the commencement date of the course incur a 10 percent transfer fee.
4.2.2 Rescheduled courses restrictions
Rescheduled courses must be taken within three months of the commencement date of the original course or they will be seemed to be cancelled
4.2.3 Cancellation of rescheduled courses
In the event that a customer reschedules, then cancels a booking a minimum cancellation fee of 50 per cent will be levied (see below).
4.3 Cancellations
Confirmed bookings may be cancelled by the Customer by giving notice in writing subject to the following cancellation fees:
– Under seven days notice: 100 percent fee
– Eight to 30 days notice: 50 per cent fee
– Over 30 days notice: no fee
4.3.1 Resellers
-For purchases made on Reed, the customer is entitled to a 14 day cooling off period.
4.4 Trainer cancellation
Influential Software Services Ltd undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances Influential Software Services Ltd will endeavour to re-run the course on a mutually agreeable basis.
4.5 Reservation of rights
Influential Software Services Ltd reserves the right to cancel a course, though will make every effort to ensure this does not occur. In the event of a course being cancelled by Influential Software Services Ltd, alternative dates will be proposed or a full refund will be available .
4.6 No liability
Influential Software Services Ltd takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
5. Sub-contracting
Influential Software Services Ltd reserves the right to assign or subcontract its training courses to other appointed and approved personnel.
6. Pricing and Payment terms
6.1 Right to change prices
All course fees are fixed and published by Influential Software Services Ltd, however, Influential Software Services Ltd reserves the right to review and change prices.
6.2 What’s included
Course fee includes tuition, training materials, manuals and computer time as appropriate to the course.
6.3 Payment terms
Payment of the course fee should be received by Influential Software Services Ltd at least 30 days prior to the course start date or in the case of booking made within 30 days to course commencement, on booking or the booking will be deemed to be cancelled. Training services will not be provided unless payment conditions have been satisfied.
6.4 Value Added Tax
All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified by Customs and Excise.
6.5 Payment methods
Payment can be made by bank transfer, credit card or debit card. Credit card payments may incur a 2% surcharge.
7. Finance Payment Plan
Courses must be taken within 90 days of the credit application being submitted and a deposit must be paid before the course can be booked and confirmed.
8. Course content
Influential Software Services Ltd’s course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. Influential Software Services Ltd constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.
9. Delegate Suitability
9.1 You are responsible for checking suitability
It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
9.2 Reservation of rights
Influential Software Services Ltd reserves the right to ask a delegate to leave the training event if the delegates do not meet the course prerequisites.
9.3 Health & Safety, site rules and behaviour
All delegates will be required to abide by any site rules, health and safety and other regulations operating at the course location. Disruptive, offensive and unruly delegates will be asked to leave the training.
10. Force Majeure
Influential Software Services Ltd shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs. Accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
11. Limitation of Liability and Indemnities
11.1 Warranties, conditions, terms, undertakings and representations
Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by Influential Software Services Ltd to the fullest extent permitted by law and Influential Software Services Ltd shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
11.2 Professional standards
Influential Software Services Ltd represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
11.3 Maximum liability
Influential Software Services Ltd’s maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to Influential Software Services Ltd for the services which are the subject of the order confirmation in question.
11.4 Limited liability
Without prejudice to the generality of the foregoing, Influential Software Services Ltd shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to:
(a) loss of use;
(b) loss of goodwill;
(c) loss and/or corruption of data;
(d) loss of information;
(e) loss of business;
(f) loss of goods;
(g) loss of anticipated savings;
(h) loss of revenue;
(i) downtime;
(j) any damage relating to the procurement by the Customer of any substitute services.
11.5 Direct loss
For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 11.4 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
11.6. Negligence
For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way Influential Software Services Ltd liability for (a) death or personal injury resulting from the negligence of Influential Software Services Ltd, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to Influential Software Services Ltd staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.
11.7 No third party liability
Influential Software Services Ltd accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any Influential Software Services Ltd services: this includes failure to meet its operating specification.
11.8 Assertion of copyright
No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of Influential Software Services Ltd or the copyright owner.
11.9 Assertion of intellectual property right
All Intellectual Property Rights for any product or service remain the property of Influential Software Services Ltd unless
otherwise stated or agreed.
Disclaimer: The information contained in all Influential Software Services Ltd coursework & literature is distributed on an “As
Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses
and associated literature, neither the author nor Influential Software Services Ltd shall have any liability to any person or entity with
respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions
contained in the coursework or by the computer software and hardware products described in it.
