Terms & Conditions
Open Courses
Payment Terms
All fees are due no later than one week prior to the course
MSConsultants reserves the right to refuse entry to delegates who have not paid for courses in full by the due date.
Where payment has not been made by the due date, MS Consultants will not be responsible for any costs incurred by individuals or firms who are refused admission to courses.
MSConsultants also reserves the right to charge interest and late payment penalties, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the EU Directive 200.35/EC.
Cancellation terms (will be strictly enforced)
50% of the fees will be due for notice of six weeks or less
100% of the fee will be due for notice of four weeks or less.
If MSConsultants cancels a course, we will normally provide at least two weeks’ notice and make best efforts to offer alternative dates.
Changes to existing bookings
Transfer to an alternative date is at the discretion of MSConsultants. We reserve the right to charge an administration fee for course transfers. MSConsultants will accept alternative delegates at no extra cost if a delegate is unable to attend.
Course administration
All courses will be run at professional training venues with full a/v equipment and refreshments. Full day courses will include a sandwich lunch. Shorter courses will include refreshments.
Delegates will receive full joining instructions one week before all courses/workshops. This will include a map to the venue and a contact phone number for the day.
Delegates should provide details of dietary requirements and/or any other special needs. MS Consultant cannot be held responsible if we do not receive notification of these or if the venue fails to act on these instructions.
Course materials
Delegates will receive copies of all slides, supporting notes, case studies etc where appropriate. They will also be given writing paper, pens and calculators for use during the training session.
Intellectual Property Rights
The course materials and all intellectual property rights (including copyright) will remain the exclusive property of MSConsultants. Delegates are prohibited from copying, distributing or otherwise using the materials without written permission of MSConsultants.
Acceptance of these terms
Receipt of these terms and conditions will be deemed to constitute acceptance.
Jurisdiction
This Agreement and the relationship between the parties shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the determination of any disputes or claims which arise under or in connection with this Agreement.
In-house Courses
1. Personnel
MSConsultants will provide a suitably qualified and experienced training professional associate to deliver the training. The client will be informed of the trainer and their CV provided before the course on request. If that person is not available for any reason we will endeavour to find someone with equivalent qualifications and experience to replace them.
2. Provision of Services
Maggie Stoker will be in overall charge of the provision of the Services on behalf of MSConsultants and will be responsible for co-ordinating the performance of all aspects of the Services. We intend to provide you at all times with high quality Services that fully meet your needs. If at any time you have concerns about any aspect of the Services, please raise the matter directly with Maggie Stoker and we will endeavour to deal with your concerns carefully and promptly.
3. Communication
Please ensure that any written communication to any representative of MSConsultants during the course of the Assignment is copied to Maggie Stoker. Except where it is necessary or desirable to communicate by letter, our written correspondence will be by e-mail. Effective communication between us is essential and we have therefore provided you separately with relevant details of telephone numbers and e-mail and postal addresses.
4. Non poaching
The Client undertakes not to seek to engage any employee, consultant or associate of MSConsultants (including the Trainer) otherwise than via MSConsultants, either to perform training services or undertake any other work during the period of six months after any business relationship with MSConsultants has ceased. MSConsultants requests to be copied into any written communication between one of our associates and you or made aware of any telephone calls or other forms of communication that may have a bearing on this clause.
5. Administration
a) Times
To be agreed with the client for each Training Session.
b) Venue
Training Services will be delivered at the client’s offices, unless otherwise agreed.
c) Equipment
The client will be responsible for providing the following:
· A suitable room with delegate desks arranged in a horseshoe or boardroom style;
· A top table for the trainer;
· A flip chart and paper;
· A screen, projector and laptop (unless otherwise agreed with us); and
· Suitable refreshments
d) Delegates’ equipment
MSConsultants will provide delegates with the following:
· a pen, writing paper and a calculator (where required); and
· a copy of all slides, course notes, case studies and answers, where applicable
e) Post course helpline
We will provide details of an email help line for post-course support. This will operate within normal office hours. This service will be provided for at least four weeks after the completion of any Training provided hereunder.
f) Confirmation of final delegate numbers
Final numbers must be confirmed no later than 10 days before each session of Training. MSConsultants reserves the right to refuse extra delegates and/or charge costs incurred if delegate numbers increase less than one week before the scheduled date of commencement of the Training.
g) Delegate feedback
All delegates will be required to complete feedback forms provided by MSConsultants immediately following the Training. These will be retained by MSConsultants as evidence of satisfactory completion of the Training. Where you retain the feedback forms, they will remain the property of MSConsultants. You will be expected to retain these forms for a period of no less than 12 months following the completion of the Training and return them to MSConsultants within one week on request.
Where you supply your own feedback forms, you will be expected to retain these forms for a period of no less than 12 months following the completion of the Training and send a copy to MSConsultants within one week on request.
6. Cancellation or postponement of Training
Neither party will be liable for any delay, cancellation or postponement due to unforeseen circumstances beyond the reasonable control of either party. Postponed Training will run as soon as practical to both parties.
In the event of cancellation by MSConsultants, alternative dates will be provided. If this cannot be agreed with you, you will be entitled to a refund of fees with respect to the cancelled Training and refund of any costs.
In the event of cancellation/postponement by you, you will either:
· re-schedule the Training for a date no later than one month from the original date; or
· compensate MSConsultants for 50% of the full fee (for notice received 14-30 calendar days prior to commencement of the Training); or
· compensate MSConsultants for 100% of the full fee (for notice received less than 14 calendar days prior to commencement of the Training); and (in addition )
· reimburse to MSConsultants all reasonable and verifiable out of pocket expenses incurred as a result of such cancellation or postponement.
7. Fees
The fee for these Services will be agreed between the client and MSConsultants. Our standard fees exclude reimbursement of reasonable and verifiable out of pocket travel expenses incurred by the trainer, which be separately charged. The fee for the Services is based on no more than 12 delegates per course/workshop. Should you require any course to allow for more than 12 delegates then this must be agreed with MSConsultants no later than one week before commencement of the Training. All fees exclude Value Added Tax (“VAT”), which will be charged at the applicable rate.
a) VAT
All quoted fees exclude value added tax (“VAT”), which will be charged at the applicable rate.In the case of Training or other services provided in other EU Member States, we will not charge VAT/TVA on receipt of the client’s relevant tax number.
b) Payment terms
One-off Training Courses will be invoiced within one week of completion of the Training. Where a series of Training courses is to run over a period of time, you will be invoiced at the end of each week.
Payment is due immediately prior to training delivery.
We reserve the right to charge interest and late payment penalties for delays of more than 30 days, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and the EU Directive 200.35/EC, as set out in the Terms of Engagement. All payments should be made by BACS transfer.
Acceptance of these terms
Receipt of these terms and conditions will be deemed to constitute acceptance.
Jurisdiction
This Agreement and the relationship between the parties shall be governed by and construed in accordance with English Law and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for the determination of any disputes or claims which arise under or in connection with this Agreement.
