ARC Learning Limited – Terms and Conditions
1.1 ‘ARC’ refers to ARC Learning Limited who are the provider of the Service.
1.2 ‘The Client’ is the person, or organisation, that has requested the Service.
1.3 ‘The Service’ is that work to be done by ARC for the Client as has been agreed verbally, via email, internet course booking or in writing.
1.4 These terms and conditions will govern the provision of the Service and will supersede any Terms and Conditions of the Client, unless amended in writing and signed by ARC and the Client.
1.5 The date of the contract will be the date upon which ARC confirms the provision of the Service.
2. Fees and Payment
2.1 All fees payable under this contract will be paid as agreed but in the event of no terms being stated, all sums due to ARC are payable not more than 30 days after the date of the relevant invoice from ARC.
2.2 All fees are subject to VAT, where appropriate, at the current rate.
2.3 Where practically possible, fees for training courses will be invoiced and paid in advance of the commencement date of the course and ARC reserves the right to refuse to conduct the course, or allow entry to the course of an individual, in the event of payment not having been received.
2.4 Course Certificates will only be issued once full payment has been received.
2.5 ARC reserves the right to charge interest at the rate of 5% per day of the invoice total above Bank of England Base Rate on all invoices that are not paid as above.
2.6 In the case of any Service that is to be delivered over a period of time with interim, or monthly payments, if any payment shall be outstanding for more than 30 days, ARC reserves the right to treat the contract as having been repudiated by the Client and ARC shall give notice of withdrawal of the Service and the Client shall be responsible for all future sums payable for the Service and any loss or damage arising from the repudiation.
2.7 If any sums shall be overdue for more than 30 days from the Client in respect of any other contract with ARC Learning Ltd, then ARC reserves the right to invoke clause 2.6 above without incurring any liability for loss or damages arising therefrom.
3. Cancellation Charges
3.1 If the Client wishes to cancel the Service prior to the commencement of the delivery of the Service, then it shall do so only in writing, whereupon the Client will be liable to ARC for the payment of an administration fee of £50, together with a cancellation fee calculated as follows:
3.1.1 Notice of cancellation received by ARC less than 30 days before the date of commencement of delivery of the Service – 100% of the agreed fees for the Service
3.1.2 Notice of cancellation received by ARC between 31 – 59 days before the date of commencement of delivery of the Service – 50% of the agreed fees for the Service
3.1.3 Notice of cancellation received by ARC more than 60 days before the date of commencement of delivery of the Service – 25% of the agreed fees for the Service
3.2 In the event of the Client cancelling the Service in accordance with clause 3.1 above, ARC will, not more than 30 days after receipt of the notice of cancellation from the Client, either:
3.2.1 In the case of the Client already having paid the agreed fees for the Service, return to the Client such fees, deducting therefrom the said administration fee of £50 and the appropriate cancellation fee.
3.2.2 In the case of the Client already having paid the agreed fees for the Service, submit an invoice to the Client in respect of the said administration fee of £50 and the appropriate cancellation fee.
4. Intellectual Property
4.1 ARC retains the copyright in all course outlines, presentations, manuals, handouts, information and any other material that is used in connection with the Service and will seek to protect such rights against violation.
5.1 The Client shall ensure that adequate measures are taken to protect and insure all equipment belonging to ARC whilst being used on the Client’s premises.
5.2 The Client shall keep ARC indemnified and save it harmless from any claims arising from any breach of duty of the Client whilst ARC is providing the Service, including (but without prejudice to the generality of the foregoing) negligence or breach of statutory duty.
5.3 The liability, if any, of ARC under the terms for the provision of the Service, shall be limited to the amount paid for the Service. Provided always that in the event of ARC being unable to provide any part or all of the Service (through no fault of the Client or its delegates) as a result of an event outside the reasonable control of ARC, ARC shall not be liable to the Client for any loss occurring therefrom, but nevertheless ARC shall be obliged to offer to the Client to provide such part of the Service that has not been carried out on a reasonably convenient further day without the Client being liable for payment of further fees.
6. Health & Safety
6.1 ARC will not accept any delegate for the practical elements of the training course who is pregnant, suffering from an injury, who are on sick leave or if they arrive late or inappropriately dressed*.
6.2 ARC reserve the right to limit the participation of delegates should they feel Heath & Safety may be compromised.
6.3 ARC warrant that handling courses will be run in accordance with the guidelines and standards laid down by National Back Exchange, and that First Aid courses will be run in accordance with the guidelines laid down by the HSE.
7.1 ARC will not at any time without the express consent of the Client (save to any Instructor or Consultant employed by ARC to deliver the Service or any part thereof) disclose any information given to it by the Client as a result of the provision of the Service, or to any third party including employees of the Client.
*For practical elements of courses delegates are required to wear clothing which does not restrict movement, or compromises their dignity. Shoes should be flat, enclosed and non-slip.