These terms and conditions apply to those who purchase our training services.
“Agreement”: means the contract you have entered into by purchasing the services to which these terms and conditions apply.
“Bespoke Training”: refers to training tailored to a Customer’s specific requirements including but not limited to creation of new and tailored training materials.
“Course Materials”: material provided to the individual participants at an Engagement for the purpose of the services.
“Customer”: means a firm, company or other commercial enterprise, or an individual consumer to whom services are provided.
“Engagement”: refers to each individual piece of training requested by the Customer.
“On-site Training”: refers to training delivered by Excell on Customer premises.
“Excell”: means Excell Lift Truck Training Ltd with address at Unit 1, Trafford Moss Road, Astra Business Park, Trafford Park, M17 1SQ.
“Intellectual Property Rights”: all copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or getup, rights in goodwill, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Public Courses”: refers to training delivered by Excell to multiple customers at Excell or alternative location from that of the Customer.
“Quote”: refers to the price quoted in a proposal document, contract or any other form of formal communication.
“Services”: services to be provided by Excell to the Customer under the Agreement which include public scheduled courses, on-site training courses.
“Third Party”: refers to any outside party, contractor or consultant which Excell may choose to deliver the services.
2.1. You accept that by purchasing any of our services, you agree to be bound by these terms and conditions.
2.2. By placing an order for services from Excell you warrant that you are legally capable of entering into binding contracts on behalf of the Customer, and acknowledge that where a purchase order is issued for the ordering of such services, these Terms and Conditions will prevail over any terms and conditions contained within any such purchase order.
2.3. Where a customer has a specific agreement or contract in place for alternative services provided by Excell, the Customer acknowledges that for any instances of training, and/or where there is a conflict of terms and conditions, these Terms and Conditions will apply for any training unless expressly acknowledged in writing by Excell.
2.4. terms and conditions from time to time. Where a customer has an outstanding booking, the change in terms and conditions will be agreed in writing, and signed, by both parties.
2.5. Excell reserves the right to modify and vary any course content or personnel from time to time.
2.6. Except as set out in these terms and conditions, any variations, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by the parties.
2.7. Excell shall provide the services requested, and as described in any Excell written proposal, exercising reasonable skill and care at all times.
2.8. The Agreement shall be governed by English Law. Any dispute under the Agreement shall be submitted to the exclusive jurisdiction of English courts.
2.9. The parties are each independent contractor. Nothing in the Agreement shall give rise to a partnership, joint venture, agency or any such other relationship between the parties. Neither party shall claim to be a legal representative, partner, agent, franchisee or employee of the other party.
2.10. Excell may assign or sub-contract its obligations or rights under the Agreement to a competent third party in whole or in part. The Customer may not assign the Agreement in whole or in part except with Excell’s express written consent.
2.11. By providing personal data relating to your employees or agents to us, you confirm that you are entitled to disclose that data to us under the terms of the Data Protection Act 2018 and related legislation and that we are entitled to process such data for the purposes of providing your contracted services.
Excell warrants to provide the services with all the care and skill to be executed of a qualified and competent contractor experienced in undertaking services of the same kind as the training.
3.1. If the services performed are in breach of clause 3.0, Excell will at its option make good the performance, re-perform the service or refund the Customer.
3.2. The obligations in clauses 3.1 will not apply where:
a) the defective of the service concerned was based upon information supplied by or varied from the normal service at the specific request of the Customer; or
b) the Customer failed to notify Excell of the defect within 14 days of the supply of the service.
4.1. Where Excell is required to perform the services on Customer premises, the Customer agrees to provide a full and safe working environment for Excell’s staff and contractors including any additional relevant safety wear and equipment as may be necessary in performing the required services.
4.2. The Customer agrees to ensure that Excell staff and any sub-contractors engaged by Excell are informed of all relevant health & safety requirements of the Customers site at the outset of any services performed.
4.3. The Customer agrees to have in place suitable employer’s liability and public liability insurance at all times that the services are performed by Excell on the Customer’s premises.
4.4. Where Excell is required to perform services on Customers premises, the Customer agrees to provide machinery that is in good working order throughout and which conforms to current legislative requirements, e.g., that LOLER Certificates are current and that certain facilities and resources will need to be available for the duration of the training, including:
- An appropriately installed industrial racking system that is free from damage and suitable for the types of palletised loads used during training.
- 12 pallet locations at three heights, with the highest at a minimum 3m (9ft 9 inches).•Information about the Safe Working Load (SWL) should be available for reference.
- If racking is not relevant to the operations carried out at the Customers premises, then suitable alternative stacking facilities should be made available.
- Sufficient quantity of palletised loads of varying types, weights and sizes – all in good condition and appropriate to the racking system (if applicable) and equipment used.
- Sufficient quantity of unladen pallets.•Cones or barrels for manoeuvring exercises.
- Sufficient appropriate materials for the construction of simulated aisles, a chicane, and an enclosed area for restricted manoeuvring exercises. In addition, a room should be set aside for the duration of training for theory training, this room should:•Have tables and chairs for trainees and the instructor
- Be well lit, heated and ventilated
- Be free from distractions and interruptions
- Have access to a power supply – for laptop presentations and DVDs
- Be equipped with a whiteboard and/or flipchart
4.5. It is the Customer’s responsibility to ensure that students are suitably qualified to meet the entry requirements and are free from any condition which would affect their capability to undertake their chosen course, and that they have the aptitude to cope with an intensive course of study. We welcome students with disabilities, but it remains the Customer’s responsibility to ensure that they are appropriately supported in their workplace. Excell would welcome in advance, for setup purposes, notification of any assistance that a student is likely to need during the running of the course. If it is felt that the student doesn’t meet the learning outcomes of the course and/or assessment process and is referred, feedback will be supplied to the Customer. Any further training or coaching over and above that provided on the course may be charged for.
5.1. Any prices quoted to the Customer for the provision of Public Courses will be based on prevailing price lists in force at that time. Such price lists are subject to change and amendment at any time.
5.2. Prices quoted for Public Courses which are run from an Excell Venue include day venue fees, but exclude any required overnight accommodation where applicable which will be subject to a separate fee and terms and conditions.
5.3. Prices quoted for the provision of On-site training are provided on a bespoke basis, dependent on the Customers’ requirements on a job by job basis, and are only valid for 30 days from the date of any written quote.
5.4. Any discounts offered by Excell to the Customer for the provision of services are offered against published price lists or standard rates in force at the date of quote, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.
5.5. All fees are quoted exclusive of VAT, which will be charged at the prevailing rate.
5.6. All fees quoted are for the provision of services only and exclude any travel or subsistence or other expenses unless otherwise stated on the course literature.
5.7. All fees are subject to annual or other such periodic review and amendment in order to take into account the changing nature and variation of wages, materials and other costs in providing the services to the customer. Excell reserves the right to accordingly adjust fees at any time to take account of such increases in cost.
5.8. All training courses (both Public courses and On-site training) are billable in advance and are payable 15 days prior to the course delivery date, or in the case of bespoke training courses, the later of 15 days prior to the course delivery date or the customer approval of the course design, but in any event prior to the commencement of the course.
5.9. Any Public courses booked within 15 days of the course commencement date are payable on booking, or by the due date specified on the invoice or proforma supplied.
5.10. Excell reserve the right to refuse attendance on any Public course which has not been paid in advance. Excell further reserve the right to refuse to deliver any On-site training which isn’t paid in advance, and will be subject to the cancellation terms as set out in clause 6.
5.11. Any fees outstanding beyond agreed terms, including where multipart or prompt payment discounts have been offered, will be subject to a late payment interest charge of 5% above the Bank of England base rate prevailing at the end of each month that such debt is outstanding.
5.12. The Customer warrants in all instances that where a valid Customer purchase order is required to be quoted on any invoices, the Customer will provide such purchase order details as necessary in order to facilitate payment in good time and for the full value of any service provided.
5.13. Excell is not liable under any circumstances for the failure of the Customer to provide any necessary purchase order information as may be required, and the Customer accordingly acknowledges that all fees are due and payable according to Excell’s terms and conditions in the instances where a valid purchase order has failed to be provided.
5.14. Excell is a small business and works hard to establish long-term relationships with its customers. Multipart or goodwill discounts are offered in good faith and require a prompt payment. Payment due dates are clearly identified on the invoice supplied for the provision of services and will not apply where the customers’ own payment terms extend beyond a maximum 30 days from invoice date. Excell, therefore, reserves the right to withdraw the discounts and standard rates will apply.
Should circumstances mean that the Customer needs to transfer to another course, charges will apply, dependent on notice given in accordance with the table of charges set out below. All charges are exclusive of VAT. All transfers must be taken within a period of six months from the original course date.
6.1. Cancellation charges, including those levied for transfers, deferrals or postponements of services are charged in accordance with the table of charges set out below. All charges are exclusive of VAT.
6.2. Charges are applied to the full list price of any course or standard day rates in force at the date of cancellation.
6.3. All cancellations, transfers, deferrals or postponements must be received in writing by Excell by the due date.
If a delegate does not attend a course, and Excell have not previously been informed, the full course fee remains payable.
If a delegate arrives late for a course, or is absent from any session, Excell reserve the right to refuse to accept that delegate for training if we feel they will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. To conform with Awarding Body requirements for accredited certificates, attendance at all sessions is mandatory.
6.4. Excell reserves the right to cancel, defer or postpone any training services at any time at its discretion with no liability to the Customer. In such circumstances Excell will offer the Customer up to two alternative dates. Excell accept no liability if, for whatever reason the course fails to take place – this includes hotel accommodation, flights and/or any travel.
6.5. Where Excell cancels a course and is unable to offer an alternative date to the Customer, then the Customer will be refunded in full any fees paid for the outstanding training. For the avoidance of doubt, Excell is under no obligation to provide a refund where alternative dates have been offered but are refused by the Customer.
6.6. Substitution of course attendees is allowed, provided they meet the entry requirements for the course booked, and that Excell is informed in writing prior to course commencement.
6.7. This Agreement will continue to apply to all training arrangements provided to the Customer until such time that terms and conditions are changed.
6.8. Excell may at its discretion terminate or suspend this Agreement upon 10 days’ notice to the Customer if:
a) the Customer ceases to trade or otherwise terminates business operations;
b) becomes insolvent or seeks protection under any bankruptcy, receivership, trust deed, creditor’s arrangement, composition or comparable proceeding or any proceeding is instituted against the Customer;
c) fails to make payment in accordance with the terms and conditions of this Agreement.
6.9. Excell may at its discretion immediately terminate or suspend this Agreement if the Customer commits a material breach, or a series of breaches the combination of which constitutes a material breach and the Customer fails to remedy such breach(es) within 10 days after receipt of notice giving details of breach(es) and requiring them to be remedied.
Excell shall be entitled to subcontract, delegate or assign the provision of any services or any of their rights or duties under these terms. Excell shall have discretion as to which of their employees or self-employed agents, contractors or third parties (“Third Party”) are assigned to perform the services.
8.1. All Intellectual Property Rights in or arising out of or in connection with the services shall be owned by Excell.
8.2. All Course Materials are the exclusive property of Excell.
8.3. Each party acknowledges and agrees that any and all information concerning the other’s business or the terms of the Agreement including these terms and conditions is confidential (“Confidential Information”) and each party agrees that it shall not permit the duplication, use or disclosure of any such Confidential Information to any person (other than its ownemployee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of law. Confidential Information does not include information which at the time of disclosure is or comes into the public domain (other than by the unauthorised act of the disclosing party). The parties shall take all reasonable steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential. This clause 8.3 shall survive termination of the Agreement.
8.4. The Customer undertakes to keep all Publications materials created by Excell confidential and not to copy, publish or distribute any such information, materials or documents to any third party without Excell’s prior written consent (save where such information is in the public domain or the Customer is required to disclose such information by law).
Excell shall be entitled to delay or cancel delivery of any services or to reduce the amount of services delivered if it is prevented from or hindered or delayed in the provision of services through any circumstances beyond its reasonable control including strike, lock-out, accident, war, government action, national emergency, act of terrorism, protest, riot, civil commotion, explosion, flood, epidemic, fire.
10.1. Nothing in these terms and conditions shall limit or exclude Excell’s liability for:
a) death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors;
b) fraud or fraudulent misrepresentation; or
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2. Excell’s aggregate liability including the liability of their partners, agents, subcontractors and employees in respect of any services provided to the Customer by Excell in connection with your service contract will be limited to the total fees payable by the Customer for the service.
10.3. Excell shall not be liable to the Customer in respect of any event of default for loss of profits, goodwill or any type of indirect or consequential loss, including the acts or omissions of the Customer, even if Excell had been advised of the possibility of the Customer incurring the same.
10.4. Advice is provided in good faith, but without responsibility.
10.5. The Customer shall to the fullest extent permitted in law, indemnify and hold harmless Excell and its Third Parties from and against any and all claims, damages, losses or expense, arising out of, or resulting from, any injury or damage sustained on the Customer’s premises, for which the Customer is responsible.
