TERMS AND CONDITIONS
AGREED TERMS
1. INTERPRETATION
1.1. The following definitions and rules of interpretation apply in this Agreement (unless the
context requires otherwise).
Confidential Information: information in whatever form (including, without limitation, in written,
oral, visual or electronic form or on any magnetic or optical disk or memory and wherever
located) relating to the business, customers, products, affairs and finances of the relevant
party for the time being confidential to that party and trade secrets including, without limitation,
technical data and know-how relating to the business of the party or any of its suppliers,
customers, agents, distributors, shareholders, management or business contacts.
Company: Cumbria Deaf Association
Client: the Individual/s booking the Course
Course: the course set out in Booking Details.
Course Materials: the materials provided by the Company to the Client for the Course.
Expected Duration: the expected duration of the Course as set out in this booking form.
Fees: the fees as set out in Booking Details.
Start Date: the date set out in Booking Details.
Venue: the venue as set out in Booking Details.
2. TERM OF ENGAGEMENT
2.1. The Client shall engage the Company and the Company shall provide the Course(s) on the
terms of this Agreement.
2.2. Subject to Company receiving full payment of the Fee, the Course(s) shall commence on
the Start Date at the Venue, unless cancelled as provided by the terms of this Agreement.
3. PAYMENT AND FEE
3.1. To secure a place at a public training Course or to secure a booking for an in-house training
Course, payment must be received within seven (7) days before the Course Start Date. Payment
must be received in full and Company does not accept payment plans for the Course Fees.
3.2. Payment of the Fee may be made via online payment, or via the bank account details
provided on Company’s invoice to the Client.
3.3. Provisional bookings for the Course(s) are not permitted. Course bookings are confirmed
once payment is made and the Client has received their Course booking confirmation email
from the Company.
3.4. Fees quoted are correct at time of publication, but Company reserves the right to alter Fees
at any time.
3.5. For the avoidance of doubt, the Fee does not include any travel costs for the Client. Car
parking charges to attend the Course(s) are not included in the Fee and the Client will have to
pay this expense separately. Company is not liable for any such car parking charges.
3.6. The Fee does not include any Client expenses incurred whilst on the Course(s).
4. CANCELLATION
4.1. Cancellation of the Course by the Company. Company reserves the right to cancel or alter
the dates or provision of the Course, the Venue and the individual or organisation providing the
Course. In the event of a Course cancellation, bookings will normally be deferred to the next
available Course at the same Venue (at the same Fee) unless the Client specifically requests
otherwise. If the Client does not agree with the deferment the only course of action by the
Client would be cancellation as set out in clause 4.2 below.
4.2. Cancellation of the Course by the Client. Client must give written notice (as listed in clause
4.3 below) to the Company if it wishes to cancel or defer a booked Course. If a Course booking
is cancelled or deferred by the Client, Company reserves the right to apply the below
cancellation charges based on the total Fee. These charges also apply to all training Courses
cancelled or deferred by the Client. Notice given % of Fee credited back;
More than 28 days 100%
15 – 28 days 75%
0 – 14 days 50%
Non-attendance without notice0%
In addition, Company may charge the Client a £25 administration fee for each cancellation or
deferral of a Course. The cancellation charge and admin fee will be invoiced immediately to the
Client for payment.
4.3 Cancellation will only be accepted in writing by email to training@cumbriadeaf.org.uk.
4.4. For cancellations/deferrals within 7 days preceding the Course Start Date, Company
reserves the right to pass on any such delegate fees that they incurred for each day of the
course deferral.
5. Courses
5.1. The Courses are bookable either online via Company’s website or via email at
training@cumbriadeaf.org.uk. Once the Fee is paid Company will confirm the Course booking
via email to the Client.
6. Public Training Courses
6.1. Whilst the Company will try to maintain ideal numbers of delegates to trainers/tutors, this
is not always possible. The final decision on number of delegates per Course is made by
Company at its sole discretion. If there are insufficient number of delegates for the Course then
the Company reserves the right (at its sole discretion) to cancel the Course as set out in clause
4.1 above.
6.2. Company reserves the right to deliver a Course by using one or multiple trainers/tutors.
Whilst the same trainer/tutor will always be used where possible, this is not always practical.
7. In-House Training Course
7.1. For any Courses that are to be provided on the Client’s premises, the Client is liable for
providing the following at the Client’s sole cost in addition to the Fee:
• A suitable training room, large enough for all attendees
• Lunch and refreshments (if applicable) including tea, coffee and water
• A projector, flipchart and pens
• Toilet and washing facilities
The trainers/tutors provided by the Company may refuse to teach the Course if the list above is
not provided and Client will still be liable for the full Fee.
7.2. For any In-House Training Course the Fee will be inclusive of the trainers/tutors travel to the
Client’s premises and return journey.
7.3. For any In-House Training Course the Client warrants to the Company that it has and shall
maintain in force during the Start Date (and for a period of 12 months thereafter) professional
indemnity, employers liability insurance and public liability insurance policies and shall, where
reasonably required, supply to the Company copies of the policies.
7.4. Client shall provide for the Company, its trainers/tutors, agents, subcontractors,
consultants and employees, in a timely manner and at no charge, access to the Client’s
premises, office accommodation, data and other facilities as reasonably required by the
Company in order to present the Course.
7.5. If there are insufficient number of delegates for the Course then the Company reserves the
right (at its sole discretion) to cancel the Course as set out in clause 4.1 above.
8. Course Materials
8.1. Course Materials are kept under continuous review via rigorous quality procedures by the
Company. However, Company cannot be held responsible for any errors or omissions in the
Course materials. The Course Materials Company provides cannot be taken as comprehensive
advice and should never be a substitute for legal or professional advice.
8.2. Company reserves all of its Intellectual Property Rights in the Courses and all Course
Materials and all documents and recordings associated with them, and no licence is granted to
the Client or others in Client’s organisation to copy, distribute, amend or permit viewing by
anyone other than the Client.
8.3. The Client warrants that the receipt and use of any and all materials, information,
documentation and/or items provided by or on behalf of the Client shall not infringe the rights,
including any Intellectual Property Rights, of any third party.
9. Force Majeure
9.1. Neither party shall be liable to the other as a result of any delay or failure to perform its
obligations under this Agreement if and to the extent such delay or failure is caused by an event
or circumstance which is beyond the reasonable control of that party which by its nature could
not have been foreseen by such a party or if it could have been foreseen was unavoidable a
“Force Majeure”. If a party is prevented, hindered or delayed in or from performing any of its
obligations under this Agreement by a Force Majeure (“Affected Party”), the Affected Party shall
not be in breach of this Agreement or otherwise liable for any such failure or delay in the
performance of such obligations. The time for performance of such obligations shall be
extended accordingly. Company cannot be held responsible for a Force Majeure that affects
the running/delivery of a Course. Company will endeavour to work with the Clients to resolve
any such matter to the best of Company’s ability.
9.2. Whilst Company does its best to keep Venues as listed on Company’s website, Company
reserves the right to change the Venue at any time at its sole discretion. Clients will be notified
of any changes to the Course Venue in writing (email to suffice) no later than 7 days before the
Start Date.
10. Confidentiality
10.1. Neither party shall (except in the proper course of its duties), either during this Agreement
or at any time afterwards, use or disclose to any third party (and shall use its best endeavours to
prevent the publication and disclosure of) any Confidential Information. This restriction does
not apply to:10.1.1 any use or disclosure authorised by the disclosing party (including to its
professional advisers) or required by law; or10.1.2 any information which is already in, or
comes into, the public domain otherwise than through the receiving party’s unauthorised
disclosure.
11. Data Protection
This clause sets out the responsibilities of Company and the Client in relation to the legal
obligations under the Data Protection Act 2018 and The General Data Protection Regulation
2016/679 (“GDPR”) and any other applicable data protection law (“Data Protection Law”). Any
terms or words defined in Data Protection Law and used in this clause relating to Personal Data
shall have the meaning set out in Data Protection Law. Where the Provider processes any
Personal Data in relation to Course(s), Course Materials, services or products covered by this
Agreement, it does so as a Data Processor on its own behalf (including in order to comply with
its obligations and exercise its rights under this Agreement) and shall comply with Data
Protection Law in respect of such processing. Where the Client provides any Personal Data in
relation to this Agreement, it warrants that it does so in compliance with Data Protection Law
and that the Company may, under Data Protection Law, process such data as required or
anticipated by this Agreement, and the Client shall be liable for any costs, losses or expenses
the Company incurs or suffers as a result of breach of such warranty. The Client warrants it will
carry out its obligations under the Company’s Privacy Policy.
12. No-Solicitation
Except in respect of any transfer of employees of the Company to the Client pursuant to the
Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246), the Client
shall not, without the prior written consent of the Company, at any time from the Start Date to
the expiry of 6 months after the completion of such Course(s), solicit or entice away from the
Company or employ or attempt to employ any person who is, or has been, engaged as; a
trainers/tutors, an employee, consultant or subcontractor of the Company in the provision of
such Courses.
13. Liability
13.1 Nothing in this Agreement shall limit or exclude a party’s liability for: 13.1.1 death or
personal injury caused by its negligence, or the negligence of its trainers/tutors, 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) or any other liability which cannot be limited or excluded by applicable law.
13.2. Save for as defined in clause 14.1, to the extent permitted by law, neither Company, its
employees, contractors, sub-contractor nor its trainers/tutors will be liable by reason of breach
of contract, negligence or otherwise for any loss or consequential loss occasioned to any
person acting omitting to act or refraining from acting in reliance upon the Course or the Course
Material or presentation of the Course or, except to the extent that any such loss does not
exceed the Fee of the Course, arising from or connected with any error or omission in the
Course Material or presentation of the Course. Consequential loss shall be deemed to include,
but is not limited to, any loss of profits or anticipated profits, damage to reputation or goodwill,
loss of business or anticipated business, damages, costs, expenses incurred or payable to any
third party or any other indirect or consequential losses.
13.3. The Client shall be liable for the acts and omissions of its representatives and shall ensure
that they comply in full with the obligations set out in this Agreement.
14. THIRD PARTY RIGHTS
A person who is not a party to this Agreement shall not have any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
15. ASSIGNMENT
The Client shall not, without the prior written consent of the Company, assign, transfer,
mortgage, licence, subcontract or deal in any other manner with all or any of its rights or
obligations under this Agreement. The Company may at any time, assign, transfer, mortgage,
licence, subcontract or deal in any other manner with all or any of its rights or obligations under
this Agreement.
16. WAIVER
A waiver of any right or remedy under this Agreement is only effective if given in writing and shall
not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to
exercise any right or remedy provided under this Agreement or by law shall not constitute a
waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of
that or any other right or remedy.
17. GOVERNING LAW AND JURISDICTION
17.1. This Agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be governed by
and construed in accordance with the law of England and Wales.
17.2. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction
to settle any dispute or claim arising out of or in connection with this Agreement or its subject
matter or formation (including non-contractual disputes or claims). This Agreement has been
executed and is delivered and takes effect on the date stated at the beginning of it

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