Terms and Conditions
- Delegate Terms and Conditions
- In The Know Terms and Conditions
- Bespoke and In House Terms and Conditions
- Your Data
Delegate Terms and Conditions of Contract
Conditions of Contract: – In these Conditions of contract the following definitions apply:
“Company” refers to In Professional Development
“Client” the organisation or individual entering in to contract with the company via the acceptance of these terms and conditions
“Event” a course, conference or summit delivered or organised by the company
“Contract” the legal contract between the Company and the Client for the purchase and supply of a service in accordance with the terms within the conditions of contract.
“Booking” the confirmation by a client of their purchase request and acceptance of our conditions of contract.
“Speaker” refers to the individual invited to teach, facilitate, chair, deliver a presentation or participate on a discussion panel
Delegate terms and conditions
1. Making a Booking
1.1 Bookings for an event can be made via email, telephone, online and by post.
1.2 The booking is deemed to be accepted when the Company issues written acceptance of the Booking at which point the Contract shall come into existence (Date of Commencement). A confirmation will be sent to the client within 24 hours of making a booking.
1.3 Where a Client makes a booking for one or more employees, then the Company’s contract is with the Client making the booking and not the individual delegate(s).
1.4 All delegates must observe and comply with these terms and conditions set out under the conditions of contract. A breech from any delegate will be treated as a breach by the client.
1.5 The conditions set out in this contract apply to the exclusion of any other terms that the client seeks to impose or which are implied by custom, trade or existing practice.
1.6 Registration Information will be sent to registered delegates by email at least seven days prior to the event. Any delegate not receiving the registration information should contact us by email.
2.1 The company shall invoice the Client in advance of the event or service provided. The Client shall pay each invoice submitted by the company in advance of the provision of the Services and no later than 7 days of the date of the invoice or before the delivery the event date
2.2 All Bookings must be paid in full to guarantee entrance to the Event.
2.3 Without limiting any other right or remedy of the company, if the Client fails to make any payment due to company under the Contract by the due date for payment (Due Date), The company shall have the right to charge interest on the overdue amount at the rate of four per cent per annum above the then current Barclays Bank Plc base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement, and compounding quarterly.
2.4 The Client shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the company in order to justify withholding payment of any such amount in whole or in part. The company may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the company to the Client.
2.5 We require payment to terms. Payment must be made on time, in full, and without any deduction, off set or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur additional costs. The additional costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay the outstanding account plus additional costs, and that payment of the same can be enforced against you in court. If applicable, you also agree to pay compensation and interest at the relevant reference rate, as provided for under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Early Bird Rate and discounts
3.1 In order to qualify for any ‘early bird’ rate or ‘discount’, a booking and direct payment must be received before the deadline date listed in the conference marketing material. Inclusive offers cannot be split between two or more delegates. All bookings must state the relevant discount code at the time of booking.
4. Delegate Cancellations, Transfers, Substitutions and non-attendance
4.1 The Client shall have the right to cancel the Order within 14 days of booking
4.2 If the delegate is unable to attend an event and needs to cancel a booking, the client must let the company know in advance and in writing by email.
4.3 Bookings cancelled after the 14 day cancellation period will be chargeable at the full booking fee.
4.4 At the discretion of the Company, Delegates may nominate an alternative person from their organisation to attend up to 14 days prior to the start of the event, at no extra charge assuming that the substitute person is eligible for the Event. Should a substitution not be possible, cancellation charges will apply.
4.5 Where a Client is unable to make a course date, the client may transfer to another date free of charge on the first occasion if notice is provided 60 days prior to the commencement of the original course date booked.
All subsequent transfer requests and transfers within 60 days of commencement of the course will be charged a transfer fee. The transfer fee will be an additional 50% of the course booking fee. Should notice not be received 14 days before commencement of the course, the transfer will be charged at full course rate. Transfers to an alternative date under any circumstance are only available if the delegate place has been paid for in full by the client.
4.6 Where no fee for attendance has been charged (complimentary place), the company reserves the right to administer a cancellation charge to delegates who do not attend on the day of the event and have not notified the company in advance in writing. The cancellation charge applied will be equal to the online fee to attend the event at the time of booking.
4.7 Where a delegate fails to submit an assignment or work requiring assessment as part of an accredited programme, a penalty fee of £500 may be charged. If given sufficient and credible reasoning in writing, a delegate will be able to defer for free on the first instance if a minimum of 2 weeks’ notice is provided. After the first deferral, a fee of £500 will be applicable. This is to cover additional administration costs that will be incurred.
4.8 Where a delegate fails an assignment for a PG Certificate programme, the delegate is allowed one free resubmission per module. Any further resubmissions are chargeable at £150 per assignment to cover additional administration costs. A fail is an assignment marked 49% and/or below, in line with the University of Chester’s marking criteria.
4.9 If a delegate fails to attend any part of an event, the company reserve the right not to issue a certificate on completion of the event, unless an exemption has been pre-approved by the company. Delegates requiring an exemption for any part of an event must submit their request in writing to [email protected], outlining their reason and supporting evidence for consideration by the company. An outcome will be provided by the company no later than 7 days prior to the commencement of the event. The company’s decision is final.
5. Alterations to Programme, Cancellation or Postponement of Event
5.1 The company reserves the right to make alterations to the event programme, venue and timings. Should the company be unable to deliver any classroom based course as a result of government restrictions, advice or social distancing we reserve the right to postpone the event or run the scheduled event via a virtual classroom environment. Details of our virtual classroom can be found on our website or requested by contacting [email protected]
5.2 In the unlikely event that the company cancels an event and does not reschedule, the company will refund any pre-paid booking fees. Liability will be limited to the amount of the booking fee paid. The Company shall not be liable for reimbursing the cost of travel or accommodation arrangements made by individual delegates.
5.3 Please note that we cannot offer refunds where events are cancelled as a result of events outside of our control. Alternate dates will be provided. The Company shall not be liable for reimbursing the cost of travel or accommodation arrangements made by individual delegates.
5.4 If by postponement and re-arrangement or virtual classroom the event can take place, the booking between the client and the company shall remain in force and will be subject to the existing Delegate Cancellations, Transfers, Substitutions and non-attendance terms set out under Section One, Clause 4.
5.5 If, for whatever reason, it is found necessary to postpone or change the date of the event, the company shall not be liable for any expenditure, damage or loss incurred by the client.
6. Special requirements
6.1 Delegates should advise of any special requirements at the time of Booking including; dietary, access and visual and audio support.
7. Photography, Filming and social media
7.1 For promotional purposes, there may be a professional photographer, videographer or live social media streaming taking place during the event. Clients and delegates who do not wish to be filmed or recorded and published on social media should advise the company in advance and in writing.
8. Data Protection and Personal data
8.1 In Professional Development is the Data Controller and Data Processor of any personal data you supply. The personal data you supply will be used to process your booking.
8.2 By submitting registration details, delegates agree to allow the company, sponsors, speakers and partners associated with the course or event to contact them regarding their booking.
8.3 We may use personal details, provided by registered delegates, in the production of course materials and literature including course materials, joining instructions and delegate attendee lists.
8.4 Delegate Attendee Lists may be provided to course or event speakers, supporters, and sponsors for the purpose of event administration, safety, networking and activity deemed necessary for the successful delivery of the course or event.
8.5 You will receive delegate and customer communications (by e-mail, telephone, SMS, post) in connection with your booking, from time to time we will let you know about additional offers and promotions related to your booking that we think may be of legitimate interest.
8.6 We do not pass data to any third party without consent. However, please note that by registering for an event or course you consent to us processing your data to enable us to deliver the service you have purchased. This may involve passing your details on to our partners including trainers, speakers, facilitators, partner educational providers, debt recovery agents and partners that support us with the delivery of our services.
8.7 You have the right to object to your data being used for specific purposes. If you have a specific objection, please email us at [email protected] with the subject line ‘Data protection’.
9.1 It is the responsibility of the delegate to arrange appropriate insurance cover in connection with their attendance at the conference. The Company cannot be held liable for any loss, liability or damage to personal property.
10. Force Majeure
10.1 The Company is relieved of all its obligations if any act is outside the company’s control and impact the company’s ability to deliver the event including acts of god, danger of war, fire or severe disturbances affecting the organisation, venue or its suppliers.
11. Admission and right of entry
11.1 The Company reserves the right to refuse admission and to remove persons from the premises for any reason where necessary. The Company may also have to conduct security searches to ensure the safety of persons at the Event.
13. The Company reserves the right to revise these Conditions at any point.
In The Know Membership Terms and Conditions
1.1 These terms and conditions form the basis of the contract through which In Professional Development (INPD, we or us) will deliver a service to you as an In The Know Member (you). On becoming a member an In The Know Member you are automatically agreeing to these terms and conditions and you are providing us with the appropriate consent to handle your personal information in accordance with the Data Protection Act.
2. Membership Benefits
2.1 Membership of In The Know includes the following:
2.1.1 Discounted prices on attendance at our courses and conferences
2.1.2 Access to the In The Know library of resources 2.1.3 Priority booking
2.1.4 Discounts on our approved partner services (more details below)
2.1.5 Access member only events 2.1.6 Receive regular newsletter and updates
2.1.7 Unlimited access to post course and conference materials
2.1.8 Maximise your training budget with our loyalty scheme – members booking more than 5 courses with us receive a free place on course
2.2 Access to benefits, services or discounts made available through membership of In the Know is dependent on availability and may change from time to time.
2.3 The list of benefits, services or discounts provided in these terms and conditions is not exhaustive and may change without notice. We reserve the right to change, suspend, restrict and cancel In the Know membership benefits, services and discounts at any time and without prior notice.
2.4 Any external providers of a benefit, service or discount that is included within your In the Know membership package will have absolute discretion in relation to the provision of services, and your In the Know Membership does not guarantee that the external provider will accept an application for the provision of services.
2.5 Services supplied from an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services. 2.6 We reserve the right to change, remove or add additional external providers without prior notice and our decision on services provided is final.
3. Membership Contract
3.1 When you submit your application on line, by email, by post or over the telephone, you are making an offer to subscribe to In Professional Development and the In the Know membership service, if accepted by us, will result in a legally binding contract.
3.2 You may not transfer any of your rights and obligations under these terms and conditions to another person.
4. Cooling off period and cancelling your membership
4.1 New members of In the Know you have a 14 day cooling off period for new members, effective from the day your application is accepted. This will allow you to cancel your membership without any penalty.
4.2 Members that cancel outside of the cooling off period will be liable for any outstanding subscription fees that applied at the time of subscribing to In The Know membership services.
4.3 No refunds available of subscription or other fees paid in connection to In The Know membership for membership cancellations outside of the 14 day cooling off period.
4.4 If you wish to cancel your membership, you must notify us within these 14 days in writing, by e mail to [email protected] with the subject line ‘cancel my membership’. Your membership will cease on the date we issue (via email) your cancellation confirmation or within 7 days of the date you submitted your notification.
4.5 Access to membership benefits, services and discounts cease upon us issuing your confirmation membership cancellation or within 7 days of the date you submitted your notification to cancel.
4.6 After cancellation, any membership benefit, service or discount will be void. Delegates that booked a discounted membership place at a courses or event but are not members on the date of delivery, will lose their discounted entitlement, associated membership benefits and will be liable for the full course fee.
4.7 Our delegate terms and conditions apply to all course and event bookings for Non-members and In The Know Members. Please see our delegate terms and conditions for course cancellation fees and policy.
5. Courses and events
5.1 Our delegate terms and conditions apply to all course and event bookings for Non-members and In The Know Members. Please see our delegate terms and conditions for course cancellation fees and policy.
5.2 Members may be invited to events organised by us or our partners, to enable members to gain information and make the best use of networking opportunities. By signing up to In The Know you consent to us passing your details on to our approved partners for the purpose of sending you member related services, invites and offers that maybe of interest.
5.3 Cancellations made 14 days after booking will still be charged in full, although substitute attendees can be made at any time. 5.4 Some of our events and our partner events may be subject to separate terms and conditions. Please check these at the time of booking.
6. Discounts and offers
6.1 We reserve the right to amend discounts and the way in which they are calculated without prior notice.
6.2 VIP access and priority booking services open to members will be dependent on availability and subject to change.
6.3 In Professional Development run In The Know members only events from time to time. Free places will be offered to members on a first come first served basis and dependent on availability. Your In The Know membership does not guarantee admission.
7. Information services
7.1 By information services include course or event materials, newsletters, blogs, articles, news articles, features and published literature provided by In Professional Development.
7.2 Diligence and care should be taken when using the information provided. All services are subject to copyright law. We use our best endeavours to ensure all information provided by us is as up to date as possible.
7.3 You should not rely on the information provided as the sole basis for making business, legal or other decisions. You should seek appropriate independent advice before making any such decisions.
7.4 The content of all published material is the opinion of the author and not necessarily the opinion of In Professional Development.
8. Loyalty scheme
8.1 All members that book and attend more than five courses within a two-year period will be entitled to secure a free delegate place at one of our upcoming programmes.
8.2 Accreditation fees will still apply when claiming a free course under our loyalty scheme
8.3 All free places claimed will be dependent on availability
8.4 When booking one of our programmes containing multiple modules and course dates i.e. Directors Development Programme or Executive Mini MBA, your booking will be deemed to be a single course booking. Modules booked separately will be deemed to be individual course bookings.
8.5 Maximum available discount to be redeemed under our loyalty scheme will be £4,000 plus VAT per ever 5 bookings.
8.6 We reserve the right to change, suspend or cancel our loyalty scheme at any point and without prior notice.
9. Force majeure
9.1 Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.
10. Cancellation and refunds
10.1 Your In The Know Membership is a rolling agreement which will automatically renew upon the anniversary of your application. You will receive a renewal notice in advance of the anniversary of your application date, informing you of your entitlement to cancel and of any changes to subscription charges. Any payment arrangements that have been made by Direct Debit will automatically continue, unless you notify your bank/building society that you wish to cancel it.
10.2 If you wish to cancel your membership, you must inform us of your intention to cancel a minimum of ten working days prior to the anniversary of your application. This notice should be provided directly to us, in writing by letter, fax or e mail.
10.3 No refunds will be provided unless the notice requirements are complied with.
10.4 Once renewal of your membership has occurred, it will still be possible to cancel your membership, but we are not obliged to offer a refund, if notice has not been given.
11.1 No membership subscription fees apply for members signing up during a free to subscribe introductory period we may run from time to time.
11.2 Where membership subscription fees apply, fees need to have cleared in our bank account before full access to membership services is made available.
11.3 We reserve the right to increase the price of the membership subscription on an annual basis.
12. Subscription fees are for individual membership only.
12.1 If you are not using your own credit/debit card to pay for the membership subscription, you must secure the permission of the credit/debit card holder before entering the payment details. Proceeding with payment will be taken by us that you have full permission to use the card provided.
13.1 Our liability to you will not extend to any membership related benefits, goods or services provided by an external provider. We specifically exclude liability for any loss or damage suffered by you as a result of your involvement in whatever manner with an external provider.
13.2 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your membership to In The Know; and our total liability to you in respect of all other losses arising under or in connection with our services provided, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by you for the services contracted.
13.3 These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
14. Data protection and use of personal data
14.1 In Professional Development is the Data Controller and Data Processor of any personal data you supply. The personal data you supply will be used to process your membership subscription. As a member of our In The Know Membership service your data will be used for marketing, statistical and analytical purposes and to administer your membership.
14.2 You will receive membership communications and from time to time we will let you know about membership offers and promotions. If you provide us with your e-mail address, postal address, SMS number, then we may send information which may be of legitimate interest.
14.3 We do not pass data to any third party without consent. However, please note that by signing up to In The Know you consent to us passing your details on to our approved partners for the purpose of sending you member related services, invites and offers that maybe of interest.
14.4 If you believe that any of the information we hold concerning you is incorrect or out of date, please provide us with the accurate information at [email protected] with the subject line ‘membership details’.
15.1 We may change these terms and conditions at any time. The most recent edition of these terms and conditions will be available for review on our website and will be binding upon you. Members will be informed of any changes to these terms and conditions.
15.2 Members may exit the contract without penalty if they do not accept any proposed variation.
16. Governing law and jurisdiction
16.1 These terms and conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
16.2 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. Third parties
17.1 In an attempt to provide increased value to our Members, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
18. Entire agreement
18.1 These terms and conditions override any contrary terms or conditions published by us in relation to any membership subscription between you and us.
Bespoke Services Terms and Conditions
Conditions of Contract: – In these Conditions of contract the following definitions apply:
“Company” refers to In Professional Development.
“Client” the organisation or individual entering in to contract with the company via the acceptance of these terms and conditions.
“Event” a course, programme or service delivered or organised by the Company
“Contract” the legal contract between the Company and the Client for the purchase and supply of a service in accordance with the terms within the conditions of contract.
“Order” the confirmation by a client of their purchase request and acceptance of our conditions of contract.
“Booking” the confirmation by the company of acceptance of the clients booking and the entering into contract.
“Speakers” the tutor(s), trainer(s) and facilitator(s) provided to deliver the services booked.
“Services” the services, including the Deliverables, supplied by the company to the Client as set out in the Specification, but subject to these terms.
Conditions of Contract
1. Basis of contract
1.1 An Order constitutes an offer by the Client to purchase Services in accordance with these Conditions.
1.2 The Order shall only be deemed to be accepted when the company issues a written Booking Confirmation of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
1.3 The Client should advise of any special requirements at the time of booking including; dietary, access and visual and audio support.
1.4 The Company reserves the right to change the delivery team, tutors or facilitators without notice.
1.5 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
1.6 Any samples, drawings, descriptive matter or advertising issued by the Company, and any descriptions or illustrations contained in the Company’s and the company’s partners websites catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
1.7 The conditions set out in this contract apply to the exclusion of any other terms that the client seeks to impose, or which are implied by custom, trade or existing practice.
1.8 Any quotation given by the Company shall not constitute an offer and is only valid for a period of 28 Days from its date of issue.
2. Supply of Services
2.1 The Company shall supply the Services to the Client in accordance with the Specification in all material respects but subject to changes under these terms.
2.2 The Company shall use all reasonable endeavours to meet any performance dates specified for delivery, but any such dates shall be estimates only and subject to change as required or necessary.
2.3 The Company shall have the right to make essential changes to the Services if necessary and shall notify the Client in any such event if the changes are material.
2.4 The Company warrants to the Client that the Services will be provided using reasonable care and skill.
3. Client’s obligations
3.1 The Client shall:
3.1.1 ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
3.1.2 co-operate with the company in all matters relating to the Services; and
3.1.3 provide the company with such information and materials as the company may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects.
3.2 If the company’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
3.2.1 The company shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays the company’s performance of any of its obligations;
3.2.2 The company shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the company’s failure or delay to perform any of its obligations as set out in clause 2; and
3.2.3 the Client shall reimburse the company on written demand for any costs or losses sustained or incurred by the company arising directly or indirectly from the Client Default.
4. Health & Safety, security and insurance
4.1 It is the responsibility of the Client to ensure that their staff and any supplier/contractor working on his behalf are familiar with and abide by all current UK and European Health and Safety regulations.
4.2 In order to create and maintain a safe environment at all times, the Client and contractors must abide by reasonable instructions from the Company and/or the training venue as required.
4.3 Clients must hold their own public liability insurance and, if applicable, employer’s liability insurance. Certificates should be available for inspection if required.
5. Alterations to, Cancellation or Postponement of Event
5.1 The Client shall have the right to cancel the Booking within 14 working days of booking
5.2 Bookings cancelled after the 14-day cancellation period will be chargeable at the full booking fee.
5.3 The Client may alter the names of the attendees attending an event up to 7 days prior to the start of the course, at no extra charge. Delegate numbers must not exceed those agreed at point of booking. A request for additional delegates must be made no later than 7 days prior to delivery date. All fees for additional delegates must be paid in full before the agreed delivery dates.
5.4 The company reserves the right to make alterations to the event, venue and timings where necessary.
5.5 In the unlikely event that the Company needs to cancel the Event, the company will refund any pre-paid fees. Liability will be limited to the amount of the booking fee paid. The Company shall not be liable for reimbursing the cost of travel or accommodation arrangements made by individual attendees or the client.
5.6 If by re-arrangement or postponement the Event can take place, the booking between the client and the company shall remain in force and will be subject to the existing terms and conditions.
5.7 If, for whatever reason, it is found necessary to postpone or change the date of the event, the company shall not be liable for any expenditure, damage or loss incurred by the client.
5.8 Speakers views expressed at an event are their own. The Company cannot accept liability for advice given, or views expressed, by any speaker at the event or in any material provided to attendees and clients.
6. Charges and payment
6.1 The Charges for the Services shall be specified by the company in the Order Form.
6.2 The Charges for the services are deemed to be accepted by the client by signing the Order Form.
6.3 The company shall be entitled to charge the Client additionally for any expenses reasonably incurred by the individuals whom the company engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the company for the performance of the Services, including a share of the cost of any the company’s sourced venue, and for the cost of any materials.
6.4 The company shall invoice the Client in advance of providing the Services.
6.5 The Client shall pay each invoice submitted by the company in advance of the provision of the Services and in line with the payment schedule detailed and accepted in the Order Form. Payment must be:
6.5.1 14 days of the date of the invoice (or as otherwise agreed),
6.5.2 in full and in cleared funds to a bank account nominated in writing by the company
6.6 Without limiting any other right or remedy of the Company, if the Client fails to make any payment due to the Company under the Contract by the due date for payment (Due Date), the Company shall have the right to charge interest on the overdue amount at the rate of four per cent per annum above the then current Barclays Bank Plc base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement, and compounding quarterly.
6.7 The Client shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the company in order to justify withholding payment of any such amount in whole or in part. The company, without limiting its other rights or remedies, can set off any amount owing to it by the Client against any amount payable by the Company to the Client.
7. Intellectual property
7.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Company.
7.2 All the Company’s materials are the exclusive property of the Company.
8. Photography, filming and social media
8.1 The Company may arrange for photographs and/or video footage to be taken at events and used for promotional purposes. This may include printed documents or media, editorial coverage, advertising press and use on the internet.
8.2 Clients and or individuals who do not wish for their image/brand/logo to be used in this manner must notify us prior to the event.
9. Special requirements
9.1 The Client should advise of any special requirements at the time of booking including; dietary, access, visual and audio support.
10. Data Protection and Personal data
10.1 In Professional Development is the Data Controller and Data Processor of any personal data you supply. The personal data you supply will be used to process your booking.
10.2 By returning a signed Order Form, Clients agree to allow the company, sponsors, speakers and partners associated with the event to contact them regarding their booking.
10.3 We may use personal details, provided by the Client, in the production of course materials and literature including course materials, joining instructions and delegate attendee lists.
10.4 Delegate attendee lists may be provided to Speakers, supporters, and sponsors for the purpose of event administration, safety, networking and activity deemed necessary for the successful delivery of the course or event.
10.5 You will receive customer communications (by e-mail, telephone, SMS, post) in connection with your booking, from time to time we will let you know about additional offers and promotions related to your booking that we think may be of legitimate interest.
10.6 We do not pass data to any third party without consent. However, please note that by registering for an event or course you consent to us processing your data to enable us to deliver the service you have purchased. This may involve passing your details on to our partners including trainers, speakers, facilitators, tutors and partner educational providers
10.7 You have the right to object to your data being used for specific purposes. If you have a specific objection, please email us at [email protected] with the subject line ‘Data protection’.
11. Force Majeure
11.1 The Company is relieved of all its obligations if any act is outside the company’s control and impact the company’s ability to deliver the course including acts of god, danger of war, fire or severe disturbances affecting the organisation, venue or its suppliers.
12.1 The Client shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Client by the Company, its employees, agents or subcontractors, and any other confidential information concerning the Company’s business or its products or its services which the Client may obtain. The Client shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for discharging the Client’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Client. This clause 9 shall survive termination of the Contract.
13. Limitation of liability
13.1 Nothing in these Conditions shall limit or exclude the Company’s liability for:
13.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
13.1.2 fraud or fraudulent misrepresentation; or
13.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
13.2 Subject to clause 13.1:
13.2.1 The Company shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
13.2.2 The Company’s total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by the Client for the Services under the Contract.
13.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
13.4 Clause 13 shall survive termination of the Contract.
14.1 Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, the Company may terminate this agreement without liability to the Client immediately (or following such notice period as it sees fit) by giving written notice to the Client party if:
14.1.1 the Client fails to pay any amount due under this agreement on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment;
14.1.2 the Client commits a material breach of any material term of this agreement (other than failure to pay any amounts due under this agreement) and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
14.1.3 the Client repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
14.1.4 the Client suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 OR (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
14.1.5 the Client commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of the Client with one or more other companies or the solvent reconstruction of the Client;
14.1.6 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the Client other than for the sole purpose of a scheme for a solvent amalgamation of the Client with one or more other companies or the solvent reconstruction of the Client;
14.1.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Client;
14.1.8 a floating charge holder over the assets of the Client has become entitled to appoint or has appointed an administrative receiver;
14.1.9 a person becomes entitled to appoint a receiver over the assets of the Client or a receiver is appointed over the assets of the Client; 14.1.10 the Client, being an individual, is the subject of a bankruptcy petition or order; or 14.1.11 a creditor or encumbrancer of the Client attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; 14.1.12 any event occurs, or proceeding is taken, with respect to the Client in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(d) to clause 9.1(k) (inclusive); 14.1.13 the Client suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; 14.1.14 the Client, being an individual, dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation; 14.1.15 as a result of any act or omission by the Client the party reasonably considers that the image or reputation of the party has been, or is likely to be, (if such breach were repeated), materially adversely affected.
14.2 Without limiting its other rights or remedies, the Company may terminate or suspend the Contract with immediate effect by giving written notice to the Client if the Client fails to pay any amount due under this Contract on the due date for payment.
15. Consequences of termination
15.1 On termination of the Contract for any reason:
15.1.1 the Client shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Client immediately on receipt;
15.1.2 the Client shall return all of the Company’s Materials and any Deliverables which have not been fully paid for, including copies on any media. If the Client fails to do so, then the Company may enter the Client’s premises and take possession of them. Until they have been returned, the Client shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;
15.1.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
15.1.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect. 16. Revisions 16.1 The Company reserves the right to revise these Conditions at any point.
Reviewed 26th February 2019_V4
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