mtc² ltd high flier
 

Terms and Conditions

You're now thinking that we can add value to you or your organisation but wonder what you will be signing up to. We've kept the terms and conditions as clear and flexible as we can but understand that even so they can sometimes be confusing. So if you want to talk it through we would be pleased to have a chat with you.

1. Terms and Conditions for the supply of services
  1. Your Contract is with mtc² ltd Registered in England and Wales Company number 6983529 whose Registered office is at Unit E, Enterprise Centre, Station Parade, Eastbourne, East Sussex BN21 2BD, England, United Kingdom. These Terms and Conditions set out the terms on which you contract with us.
  2. mtc² ltd agree to provide and the Customer to take and pay for the services and/or facilities supplied under this Agreement.
  3. The terms and conditions of this Agreement apply to:
    1. Consultancy services provided by mtc² ltd
    2. individual, standard or bespoke courses at mtc² ltd or the Customer's premises
    3. courses provided under an annual contract with mtc² ltd
    4. individual, group or organisational transformational coaching provided at premises sourced by mtc² ltd or the Customer's premises
2. Individual consultancy, training courses or transformational coaching
  1. Provisional course and coaching bookings may be made by telephone. However, to confirm each booking the Customer agrees that he will return a signed copy of the proposal to mtc² ltd. mtc² ltd reserve the right to refuse attendance to the course or coaching in the event that the proposal is not signed and returned. The Customer may substitute personnel attending a course prior to commencement of the course. The Customer may not substitute personnel attending coaching prior to commencement of the coaching without written agreement by mtc² ltd.
  2. The description and date and charges for all consultancy, courses or coaching (known as activities) are as set out in the proposal. Fuller details of the activities are as generally set out in the proposal. mtc² ltd reserve the right to improve the specification and format of its courses for the benefit of the Customer without notice to the Customer.
  3. The activities will be provided at the agreed venue with the Customer. mtc² ltd reserves the right to nominate any reasonable alternative venue and will advise the Customer of this.
  4. mtc² ltd reserves the right to cancel or reschedule any course if the number of attendees is insufficient to justify running the course or, if mtc² ltd is prevented from doing so by events beyond its reasonable control, including in particular, but not limited to, illness of lecturing staff.
  5. In the event mtc² ltd is obliged to cancel or reschedule any course under the provision of clause 2.d, mtc² ltd will notify the Customer forthwith. mtc² ltd will in addition, refund in full all monies paid by the Customer, or at the customer's option apply the monies to a rescheduled or alternative course.
  6. mtc² ltd accepts no liability for travel, accommodation or incidental costs incurred by the Customer in the event that any activities are cancelled or rescheduled.
3. Periodic contract
  1. For the purposes of this clause, "course days" shall mean the total number of days on which the Customer wishes to send its employees on mtc² ltd course(s) during the period specified in the Agreement commencing with the date of the signature of this Agreement by mtc² ltd. "Coaching days" shall mean the total number of days on which the Customer wishes to send its employees on mtc² ltd coaching during the period specified in the Agreement commencing with the date of the signature of this Agreement by mtc² ltd.
  2. The Customer may in consultation with mtc² ltd select any number of course or coaching days. Subject to availability and to the provisions of clause 2.d, the Customer may register its employees on any training courses or coaching events given during the said specified period. The Customer will, if requested, provide mtc² ltd at the time of registration, with its official purchasing number which mtc² ltd will quote on the invoice.
  3. In consideration of the Customer agreeing to take and pay for the agreed number of course days or coaching days, mtc² ltd shall extend a discount to the Customer on its normal charges for courses and coaching in accordance with its then standard commercial policy, based on the number of course and/or coaching days selected by the Customer. mtc² ltd will apply the discount to each invoice rendered to the Customer in accordance with clause 6.
  4. At the end of each annual period, mtc² ltd will perform a reconciliation of the Customer's account and the discount level will be adjusted to reflect the actual number of course or coaching days taken by the Customer. mtc² ltd will invoice the Customer for any excess discount taken by the Customer over that permitted for the number of course or coaching days actually taken by the Customer. If the Customer is entitled to receive further discount mtc² ltd will apply a credit to the Customer's account.
  5. Contracts for consequential years will be negotiated by mtc² ltd and the Customer on or prior to the expiry of each periodic contract.
  6. The Customer agrees to comply with the provisions of clause 2 for all courses and coaching to be taken under each period contract and charges will be levied in accordance with clause 6.1
  7. No pre-course study materials will be dispatched until the client has paid the relevant invoice for the training or coaching.
4. Activities at Customer premises
  1. By prior arrangement with mtc² ltd and subject to the provisions of this clause, mtc² ltd agrees that it will provide specified consultancy, training course(s) or transformational coaching to the Customer at the Customer's premises for the charges set out in this Agreement. mtc² ltd reserves the right to increase the charges in the event that the normal course day is extended owing to reasons beyond mtc² ltd' control or by specific request from the Customer.
  2. The Customer shall be responsible for the provision of a suitable and secure training room at the Customer's premises for the duration of the activity (the specifications of which will be agreed with mtc² ltd prior to the activity being undertaken) together with all heating, lighting and suitable electricity supply and power outlets, at no cost to mtc² ltd. The Customer undertakes not to change the room. mtc² ltd will provide personnel and any appropriate materials. If requested by mtc² ltd the Customer agrees to make the training room available to mtc2 ltd in advance of the activity being held to set up.
  3. The Customer will indemnify mtc² ltd against any loss of or damage to equipment and/or injury or death to its employees or agents arising out of its use of the equipment under the provision of this clause save where the same is caused by the negligence of mtc² ltd.
5. Bespoke courses
  1. The Customer may request mtc² ltd to develop a new course or modify an existing course specifically to the Customer requirements.
  2. If such request is accepted by mtc² ltd:
  3. The Customer will analyse and determine its requirements for the course
  4. The Customer and mtc² ltd will jointly prepare and agree the specification for the course, including but not limited to the content of the course, and course notes, the depth to which the content is to be covered, the time to be allocated to each subject, the number of days over which the course is to be given, and the type and skill level of the customer personnel who will undertake the course. The Customer will confirm the foregoing matters in writing to mtc² ltd or by signing and returning the proposal to mtc² ltd prior to any development work being carried out.
  5. If the Customer wishes to modify a standard course, mtc² ltd will provide details of the subjects covered within the said course.
  6. In consideration of carrying out the development or modification work on the course, the Customer agrees to pay mtc² ltd then current per diem charges. Any estimate of the amount of time necessary to develop the course shall be given by mtc² ltd in good faith but shall not be binding on mtc² ltd. All charges for bespoke work are due and payable to mtc² ltd upon completion of the development work, whether or not the course is given by mtc² ltd and the Customer agrees to pay mtc² ltd' invoice pursuant to clause 6.c
  7. The Customer may request mtc² ltd to vary the extent or content of the course either during or after development. All such requests will be in writing. mtc² ltd shall not unreasonably refuse to carry out such variation. The Customer agrees to mtc² ltd standard daily course development charges for any variation carried out by mtc² ltd on the same basis as clause 5.d. No work shall commence until such variation and any consequential amendments have been recorded in writing.
  8. If the course is consequently given by mtc² ltd the provisions of clause 6.c of this Agreement will apply. Clause 4 will apply to bespoke courses given on the Customer's premises.
6. Payment
  1. For individual activities, mtc² ltd will invoice the Customer after the activity has been completed. mtc² ltd reserves the right to specify that for individual activities, payment shall be made to mtc² ltd in full prior to commencement of the activity. In such event the Customer is advised that the Customer's employees will not be permitted to attend the activity unless payment has been received by mtc² ltd. Payment may be by BACS or cheque.
  2. For periodic contracts, mtc² ltd will invoice the Customer monthly in arrears for the number of course or coaching days taken by the Customer in the previous month.
  3. For bespoke courses supplied pursuant to clause 5, mtc² ltd will invoice the Customer firstly when the bespoke development work has been completed, and secondly, when the course has been given by mtc² ltd.
  4. If not prepared all charges including any cancellation charges and charges due under clause 3.d will be paid within 21 days of date of invoice.
  5. If the Customer fails to make any payment when due, mtc² ltd reserves the right to levy a late payment charge calculated at the rate of 3% above the base rate on the unpaid amount or part thereof. If the Customer consistently fails to pay monthly invoices for periodic contracts, mtc² ltd reserves the right, without prejudice to any other remedies it may have, forthwith to terminate the periodic contact.
  6. All pre-payments or vouchers for courses must be used within 1 calendar year of receipt by mtc² ltd or Customer. They cannot be used to purchase courses after this period.
7. Cancellation/transfers
  1. If the Customer cancels:
  2. The attendance of any employee on any activity or course
  3. Any activity or course due to take place at the Customer's premises under clause 4, less than thirty (30) working days prior to the commencement date of the activity or course or the employees fail to attend the whole or part of the activity or course for any reason, or if cancellation is not confirmed in writing within the said thirty (30) day working period, then mtc² ltd will invoice the Customer for the appropriate charges in full and the Customer agrees to pay the same within 21 days of receipt of mtc² ltd' invoice.
  4. For periodic contracts, the Customer may cancel attendance of one or more of its employees at any course or coaching activity up to ten (10) working days prior to the day of commencement of the course. No charge will be made for such cancellation and the number of course or coaching days cancelled will not count towards the total number of course or coaching days selected by the Customer pursuant to clause 3.
  5. If less than ten (10) working days notice is given, the Customer will pay the charges for each course or coaching day cancelled. For the purposes of clause 3.a the number of days cancelled will be included in the total number of course or coaching days.
  6. If a member of the public cancels a place on a public course or coaching activity the following will apply:
  7. Individuals are protected by the Distance Selling Regulations 2000 which allows a 7-day cooling off period during which the individual may change their mind. The 7 days commences from the date of the cancellation rights being given in a durable form. Cancellation must be in writing. Should the contract commence before the 7-day cooling off period, providing that all necessary information has been supplied by mtc² ltd, cancellation rights will cease.
  8. Pre-course materials that have been issued after the 7-day cooling off period cannot be refunded under any circumstances
  9. Cancellation within 21 days of the start of the course or coaching activity – there will be no refund of any fees paid provided this does not conflict with the cooling off requirements under DSR 2000
  10. Cancellation within 21-60 days of start of the course or coaching activity - refund of fee paid less any pre-course materials less an amount to be determined
  11. Cancellation 60 days plus from start of course or coaching activity – full refund of fees paid less any pre-course materials.
  12. If a client wishes to transfer to another course or coaching activity within 30 days of the start date of the course on which they were originally booked, then a transfer fee must be paid. Only one transfer will be allowed per client. If the original course or coaching activity has been booked at a special offer rate then the client must pay the difference between the normal full rate and the special offer rate. ie the client cannot transfer a special offer rate course or coaching activity within 30 days of the course or coaching activity without paying the full rate.
8. Warranty and limitation of liability
  1. The consultancy, courses and transformational coaching are provided under this Agreement at the Customer's request. The Customer accepts that he is responsible for verifying that the activities are suitable for his requirements. mtc² ltd will use all reasonable skill and care in the preparation and presentation of its activities, courses and courses supplied under clause 6. All other conditions, warranties, guarantees and representations whether express or implied, statutory or otherwise are excluded.
  2. Other than as specified in this clause, mtc² ltd' liability for loss and damage (whether arising in contract, tort or otherwise) shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course or hire of facilities out of which the loss and damage has arisen.
  3. mtc² ltd will be responsible for death and injury resulting from mtc² ltd' negligence when carrying out activities, courses, or the hire of facilities.
  4. mtc² ltd will not be liable for indirect, special or consequently loss (including loss of anticipated profit or data) howsoever arising, even if it has been advised of the possibility of such potential loss.
  5. Except in respect of liability of mtc² ltd for death or personal injury resulting from the negligence of mtc² ltd or its employees, or in respect of a claim for non-payment of monies due under this Agreement, no action regardless of form arising out of the provision of consultancy, training course or facilities, or transformational coaching under this Agreement may be brought by either party more than two years after the cause of action has been accrued.
  6. The Customer warrants that all attendees on activities and courses are properly authorised by the Customer to attend and that they are suitably qualified to attend. The Customer acknowledges mtc² ltd right to refuse admission or require the removal of any attendee where there are doubts about identify, qualification or if the attendee's behaviour is unacceptable. In addition to this, it should be added that mtc² ltd reserves the right to refuse admission or reject any delegate where their behaviour is, in the opinion of the mtc² ltd trainer, consultant or coach to be unacceptable and detrimental to the objectives of the activity. If this occurs, mtc² ltd will not refund any fees. One verbal warning will be given to the delegate in these circumstances.
9. Copyright
  1. The copyright and all other intellectual property rights in all event materials, and the specifications therefore, and whether in standard courses, or courses developed under the provisions of clause 5 shall remain the sole and exclusive property of mtc² ltd. The Customer undertakes that it will not copy or permit the copying of course materials, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same for running the Customer's own courses unless the express and written permission of mtc² ltd is gained.
10. Times of courses and hire of facilities
  1. All courses will be given by mtc² ltd personnel between the hours of 9.00am to 5.30 pm Monday to Friday, excluding Public Holidays. If the customer requests, in writing, mtc² ltd may be able to provide courses outside these hours and at weekends for additional charges.
11. General
  1. Either party may immediately terminate this agreement if the other:
  2. Is in breach of a material obligation and has not commenced continuing and effective steps to remedy the same within 14 days of a notice calling upon it to do so
  3. Has an order made or resolution passed for its winding up
  4. Becomes insolvent or unable to pay its debts as they fall due
  5. Has a receiver or similar officer appointed
  6. Ceases to or threatens to cease to carry on business
  7. Any such termination shall be without prejudice to any accrued rights or outstanding obligations of either party at date of termination.
  8. These conditions constitute the entire agreement between the parties in relation to the contract referencing them and supersedes any and all prior agreements, discussion, understandings, representation or promises. Each party warrants to the other that it has not relied upon any representation not recorded here which has induced it to enter into this contract. No amendment of the conditions will be valid unless confirmed in writing by authorised signatories of both parties on or after the date of this contract.
  9. No delay or forbearance by either party in enforcing its respective rights will prejudice or restrict the rights of that party and no waiver of any such rights or of any break of any contractual terms will be deemed to be a waiver of any other right or any later breach.
  10. Neither party will assign or transfer all or any part of this contract without the prior written consent of the other party except that assignments to associated companies of mtc² ltd are permitted.
  11. In the event that any of the provisions of the condition is judged illegal or unenforceable, the continuation in full force and effect of the remainder of them will not be prejudiced.
  12. Neither party will be liable to the other for any delay in or failure to perform its obligations under this contract (other than a payment of money) where such delay or failure results from force majeure, act of God, fire, explosion, accident, industrial dispute or any other cause beyond its reasonable control.
  13. Any notice given under this contract by either party to the other must be in writing and may be delivered personally or by recorded delivery or registered post and in the case of post will be deemed to have been received on the third working day after the date of posting. Notices must be delivered or sent to the address of the parties on the Order or Order Acceptance or to any other address notified in writing by either party to the other after the date of this contract.
  14. This contract is governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
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"All life is an experiment. The more experiments you make the better."

Ralph Waldo Emerson