1. The definitions and interpretations apply throughout this Agreement and relate to the provision of the Services;
      “Agreement” means this contract for the provision of the Services, including its terms and any other document referred to or incorporated by reference into the Agreement;
      “UKFT” means UK Fire Training Limited, (CRN 05185137) Vicarage Court, 4 Vicarage Road, Edgbaston, Birmingham B15 3ES including its agents, sub-contractors and associate trainers;
      “Customer” means any individual, company or organisation or other entity who requests UKFT to provide the Services;
      “Course” means the specific Course that will be delivered as defined in the Course Confirmation;
      “Course Confirmation” means the document sent by UKFT to the Customer confirming details of the Course, Course Date and Fees;
      “Course Date” means the date the Course will be delivered;
      “Course Materials” define;
      “Delegate” means any individual attending a Course;
      “Fees” means the costs stated in the Course Confirmation and any cancellation or administration charges that may apply;
      “Services” means the provision of the Course and any related service.
    2. In this Agreement, unless the context otherwise requires;
      1. the singular includes the plural and vice versa;
      2. reference to a gender includes the other gender and the neuter;
      3. the headings are for ease of reference only and shall not affect the interpretation or construction of this Agreement.
    1. Once the Course Confirmation has been issued by UKFT, these terms and conditions will apply.
    1. All invoices must be paid within a maximum of 30 days of the date of the invoice and prior to the Course Date.
    2. If payment is not received within 30 days of the date of the invoice UKFT may charge interest at 5% above the Bank of England base rate.
    3. All Fees exclude VAT, which is chargeable at the prevailing rate.
    4. For payments made by credit card, a card processing charge of 2% is applicable.
    5. A Purchase Order Number must be supplied at the time of the booking. In the event that an invoice has to be re-issued to include a PO number then UKFT reserve the right to charge an administration fee of £25.00 + VAT
    1. In the event that the Customer cancels the Course, the following charges will apply;
      1. Greater than 30 days prior to the Course Date – no Fee will apply;
      2. Between 21 and 14 days prior to the Course Date – 50% of the total Fees are payable;
      3. Any cancellation received less than 14 days prior to the Course Date – 100% of the total Fees are payable.
    2. UKFT reserves the right to charge a reasonable administration fee for all cancellations.
    3. UKFT reserves the right to apply the cancellation fees when course dates are rescheduled at short notice.
    4. UKFT reserves the right to change the start time of any Course, the Course Date or to cancel any Course. Should this occur we will provide you with as much notice as possible and shall offer an alternative Course Date where possible. In the event of a cancellation no Fees are payable.
    1. If a Delegate fails to attend a Course the Fees shall remain payable and no refund will be given.
    2. Delegates are expected to conduct themselves in a proper manner throughout the training. UKFT reserve the right to remove a Delegate from a Course where, in the opinion of UKFT, the Delegate is behaving unreasonably.
    3. Delegates must comply with all applicable health and safety legislation, guidance, policies, instructions and codes of practice as imposed by UKFT.
    4. UKFT gives no guarantee that any Delegate will pass any Course or gain any applicable certification for that particular Course. Each Delegate is responsible for their own performance.
    5. Where a Delegate fails a Course and requires re-examination further fees may be payable together with reasonable administration fees.
    6. Delegates must successfully complete the full course to qualify for any applicable certification
    1. All Course Materials are owned or used under license by UKFT and UKFT reserves all the rights in such Course Materials. Course Materials may not be copied, reproduced, republished, posted or transmitted except for a Delegate’s personal use.
    2. Any scenarios, examples or questions covered or answered during a Course are for illustrative purposes only and do not constitute advice to the Customer or the Delegate and should not be relied upon in any circumstances.
    3. Where a Delegate requires further advice relating to a Course, UKFT shall be entitled to charge an extra fee for such additional services at an agreed rate.
    1. For the purposes of this clause, where terms and expressions used are not defined in this Agreement, they shall have the meaning assigned to them under Data Protection legislation.
    2. The Service Provider shall, in performing its obligations under this Agreement, comply in all respects with the Data Protection Act 2018 (or any equivalent legislation in any applicable jurisdiction) and with the requirements of this clause;
      1. take appropriate technical and organisational measures against the unauthorised or unlawful processing of the personal data and against actual loss or destruction of, or damage to, the personal data, having regard to the state of technological development and the cost of implementing any measures, and the measures must ensure a level of security appropriate to the harm that might result from unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the personal data; and
      2. process the personal data only in accordance with this Agreement and any relevant instructions and having regard to the provisions of the Data Protection Act 2018 (or any equivalent legislation in any applicable jurisdiction), or as is required by law or any relevant regulatory body; and
      3. refrain from disclosing the personal data to any third party or transferring the personal data outside the EEA except in accordance with the needs of the contract or on the basis that the parties agree for a relevant purpose.
    1. Nothing in this Agreement limits or excludes UKFT’s liability for;
      1. Death or personal injury caused by its negligence; or
      2. Fraud or fraudulent misrepresentation; or
      3. Breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
    2. Subject to clause 8.1, UKFT shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising from or in connection with this Agreement: (i) for any indirect or consequential loss of any kind, including but not limited to loss of profits, loss of sales or business or loss of anticipated savings; or (ii) arising directly or indirectly in connection with the Course; or (iii) arising from any delay in the delivery of, or failure to deliver, the Course.
    3. If UKFT’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors, consultants, or employees, the UKFT shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.
    4. Subject to this Clause 8, the total liability of the UKFT for any other loss of the Customer in respect of any one event or series of connected events shall not exceed total Course Fees.
    5. During this Agreement, the UKFT and the Customer shall each maintain in force with a reputable insurance company, insurance sufficient to indemnify risks for which they may be responsible, including for their respective sub-contractors, agents and employees, in connection with the Services and shall on either party’s request, produce both the insurance certificate giving details of cover and a receipt for the current year’s premium.
    1. UKFT shall not, in any circumstances, be liable to the Customer for any delay or non-performance of its obligations under this Agreement to the extent that such non-performance is due to a cause affecting the performance by UKFT of its obligations under this Agreement arising from acts, events, omissions or non-events beyond its reasonable control, including acts of God, medical epidemics or pandemics, riots, wars, acts of terrorism, fire, flood, storm or earthquake and any disaster.
    1. The Customer shall not for a period of 12 months after the Course Date, employ or solicit the employment of any of UKFT’s employees, agents, sub-contractors or associate trainers who have been engaged in the provision of the Course or the performance of the Agreement. For the purposes of this clause “Employ” and “Employment” shall without limitation include the engagement of such person as an employee, director, sub-contractor or independent contractor.
    2. In the event that the Customer is found to be in breach of clause 10.1 then the Customer shall pay UKFT by way of liquidated damages an amount equal to, in the case employees, the value of the final gross annual emoluments (before statutory deductions and including bonuses and commissions) and in the case of agents, sub-contractors or associate trainers, an amount equal to the average annual payment made by UKFT to its agents, sub-contractors or associate trainers. This provision shall be without prejudice to the other party’s right to seek injunctive relief.
    1. No amendment shall be enforceable unless agreed in writing by UKFT.
  12. LAW
    1. This Agreement shall be construed in accordance with English law and the English courts shall have sole jurisdiction.
    1. The parties shall attempt, in good faith, to resolve any Dispute promptly by negotiation involving senior representatives of each party. If such a meeting is unsuccessful, any disputes not settled within one month must be referred to the Courts.