Terms and Conditions of Business
These terms set out the conditions which the Client, being the addressee shown on the first page of this document, and RightTrack Learning Ltd, referred to hereafter as RightTrack, agree to be bound in relation to this contract.
1. Contracts and charges: Client’s instructions, whether verbal or written, are always acknowledged by RightTrack in writing; normally by email. The acknowledgement and terms and conditions of business then form the basis on which the contract is to be delivered. Every effort is made to ensure that information is correct; it is the purchaser’s responsibility to check to ensure that dates, costs and other details are correct.
2. Payment terms: Payment in full with order when the project starts within 4 weeks or where the project value is less than £5000. Otherwise a booking fee of 50% of the contract fees is due with order. Payments are due strictly no later than the end of the month following the month in which the invoice for work is dated. Late payments are subject to a 0.25% surcharge for each day overdue. Santander Bank Sort Code: 09-02-22 Ac. No: 10793570 IBAN GB71ABBY09022210793570
3. Cancellation: When research, design or delivery dates are scheduled and confirmed in writing to you they are exclusively reserved for you. If a project or elements of a project are subsequently cancelled the following fees apply: More than eight weeks’ notice– no charge other than time and costs incurred to date plus pre-paid expenses. Less than eight weeks’ but more than four weeks’ notice– 50% of fees payable plus pre-paid expenses. Less than four weeks’ notice100% of fees and costs payable plus pre-paid expenses.
4. Covid-19: If confirmed work is cancelled because of changes in Government guidelines, or because of an outbreak of Covid-19 that results in your staff isolating, then if that work is re-scheduled to be delivered face-to-face or remotely within 6 months of the original confirmed date/s then the cancellation fee will be waivered. You will still be invoiced for any unrecoverable pre-paid expenses.
5. Copyright: All written or published material by RightTrack, whether or not originated or customised for the purpose of a specific project, remains RightTrack’s copyright until otherwise assigned. Clients are required not to copy or use RightTrack’s material in any way without prior written agreement.
6. Professional liability: Consultancy and training are provided with reasonable skill and care, in good faith, and are developed and dispensed with the intention of achieving the objectives of the client. RightTrack cannot be held liable for any loss, damage or any actions or activities, or the consequences of such actions or activities, resulting from any consultancy or training provided.
7. Value Added Tax (VAT): VAT will be added to all taxable supplies at the current rate where applicable. VAT Reg No: 687 732 190
8. Costs and expenses recharged: Except where specifically included, postage, packing and carriage of course workbooks, equipment, props and materials; accommodation, subsistence allowance and travel expenses are recharged as incurred based on standard public transport costs or mileage at 49p/mile. Consultant’s travel distance over 75 miles or 3 hours total travel time in a day to/from work location £15/day subsistence allowance is payable.
9. Venue & equipment: Our quotation is based on you providing a suitable venue for meetings or training equipped as required with digital projector/screen, and flipchart/white board(s). If required, venue and equipment can be provided through Righttrack by separate contract.
10. Non-solicitation: By accepting this contract each party agrees, during the term of this contract and for a period of one (1) year thereafter, not to solicit for employment nor employ, either directly or indirectly, whether as an independent contractor, consultant, employee or otherwise, any individual who is or was, during the term, an associate, contractor or employee of the other party who was engaged in the provision or receipt of services pursuant to this contract except by way of a general advertisement open to all comers.
11. GDPR: We treat your privacy seriously and are properly registered with the Information Commissioners Office. See our privacy statement at www.Righttracklearning.com/privacy. If it were deemed necessary a separate GDPR agreement will be arranged.
12. Our Liability to You: We are not responsible in the event that we cannot provide the contracted services to you due to an event beyond our reasonable control, which includes (but is not limited to) fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, the actions of any government or public body or the unexpected sickness or accident of the training consultant(s). When services are prevented or delayed by such an event, we will take all reasonable steps to reinstate their provision as soon as is reasonably practicable. We shall not, however, be responsible to you for any costs you have incurred, or any indirect or consequential loss that you may suffer including (but not limited to) loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Should contingency plans be required then RightTrack will make suitable prior arrangements by separate contract or amendment to this.
13. Jurisdiction: All supply contracts are governed by and shall be construed in accordance with the laws of England and the courts of England shall have exclusive jurisdiction in respect of any dispute that may arise under them.
If a RightTrack Learning trainer is required to self-isolate due to Covid-19, in alignment to Clause 13 in the Terms & Conditions we will, with your permission, do everything possible to arrange for another trainer to deliver the training as planned. If this is not possible, or if for continuity you would prefer to wait for the original trainer to return to work, we will liaise with you to re-arrange the training as soon as is reasonably practical. If at any time a more robust contingency is required, we are offering customers the option to reserve an ‘understudy’ trainer for an additional fee.
E&OE: Registered office. Emmanuel Court, 4 Reddicroft, Sutton Coldfield B73 6AZ
Company No: 02625253. VAT No: 687 7321 90. Tel: 0121 222 7313. Email: email@example.com