Terms & Conditions

Please ensure you understand the terms and conditions before booking or sending delegates on courses.

These Term and Conditions are effective from 7 July 2024

In these Terms and Conditions of Trading the following words and expressions shall have respective meanings specified against them unless the context otherwise requires:

“the Company” – Aspects Total Training Ltd, Registered in England, No. 10912974 Registered Office: Unit 2a Coventry Road, Exhall, Coventry, West Midlands CV7 9FU which is or are (as the case may be) undertaking business or delivering services for the Client (as hereafter defined).

“the Client” – The recipient of the services to be provided by the Company or other party to the contract under which such services are to be provided.

“the Premises” – The place or places at which the Company is to be employed by the Client to provide such services.

‘Booking’ means a request by you to book a Course and/or Accommodation with us.

‘Course’ means a course carried out by the company

‘Credit Account’ means a pre-arranged credit account with us

‘Delegate/s’ means an individual/s enrolled on a Course by either an employer or enrolled on a course for yourself.

Bookings

You may make a Booking online at www.aspectstraining.co.uk, by telephoning our Sales team or the centre directly.

Booking a Course shall be regarded as an offer by you to book a Course under these Conditions.

As soon as reasonably practicable you shall provide us with the name of the Delegate(s) and any pre-requisites necessary for the course.

We do understand that circumstances can change and therefore substitution of a Delegate(s) will be allowed up to the commencement of the course, but we ask, if possible, that you give us 48 hours or more advance notice prior to the Course commencement and can provide the relevant pre-requisites if necessary.

Confirmation of Booking

Acceptance of your offer will take place on sending you written confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us.

Joining instructions will be forwarded to you prior to the Course start date. If you do not receive the joining instructions within 7 days prior to the Course start date you must notify us immediately.

Cost of Course/Services

Our price list of courses/services is listed on our website or sent out in email publications. We reserve the right to change prices listed without notice.

The price of a bespoke/closed Course is confirmed by us in writing and/or in an email. A non-refundable deposit shall be agreed upon booking should the course be cancelled by the client for costs that are not recoverable by the company such as confirmation of an instructor, hotel bookings and other expenses incurred by the company.

Course prices do not include meals (unless we notify you otherwise), travel, accommodation, parking costs or any other cost incurred as a result of or in connection with a Course.

Accommodation prices are available on request. Please contact our centre directly by telephone or email for details.

All prices are excluding Value Added Tax (VAT) and will be added to all taxable supplies at the current rate.

Payment

All payments must be made in UK sterling (GBP) and reference our invoice number where provided.

Other than where we agree to payment being made through an active Credit Account, payment must be received at time of booking via credit/debit payment card or other agreed payment method, or by BACS remit. All payment arrangements must include the provision of a purchase order reference.

Where payment is to be made through a Credit Account, payment shall be made within 30 days of the date of invoice or a date which has been pre-arranged with a Director. If payment is made via BACS a remittance must be received within 2 working days of the booking.

No payment shall be deemed to have been received until we have received cleared funds.

Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to:

1. Cancel the Agreement; and/or
2. Suspend the delivery of any other Course to you; and/or
3. Withhold the issue of any applicable Course certificate; and/or
4. Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Lloyds plc. If we must recover the outstanding payment, recovery costs are to be paid by you.

Cancellation/Transfer by you (the client)

If you cancel a Booking or transfer to another Course, it must be in writing (including an email) and if your request is received:

1. More than 21 working days before the Course start date, we shall refund you the Course price.
2. Less than 20-0 working days before the Course start date, we will charge you 100% of the Course price
3. A transfer to another course date is permitted up until the course start date. You must state the date you wish to transfer to and it must be within twelve months of the original course start date.
4. A change of delegate name is permitted. Admin fee of £25 payable.
5. Please note that a transfer of a booking to a future date and then a cancellation of that booking will result in 100% of the course cost being payable.
6. Payments will not be refunded for attendees who fail to attend or leave the course prematurely.
7. If you have been offered and booked either a Free of charge (FOC), subsidised or discounted course, ITEM 2 of the cancellation terms will apply and you will be liable for the full cost and/or remainder of the full cost of the course.

Cancellation by us (the company)

All Courses and Programmes are subject to availability and demand and it is your responsibility to confirm the status of a Course with our bookings Team prior to the Course start date.

We reserve the right at any time:

1. To cancel Courses and refund in full. No further liability will be accepted.
2. To reschedule a course date, if a suitable date cannot be found, a refund will be made.
3. We shall endeavour to inform you as soon as possible of any Course cancellation or variation.
4. Every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course descriptions; however, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course and/or Accommodation where any such error or omission has occurred, even after we have accepted such a Booking.

Delegates

Prior to a Delegate(s) attending a Course it is your responsibility to bring these conditions to their attention. Where a Delegate is under the age of 18, it is your responsibility to ensure that the parent, guardian or employer of that delegate has given their consent to the Delegate undertaking the Course. We may ask for proof of this consent whether it be via the booking form or in an email.

Delegates shall be required to comply with all the rules, procedures, policies and guidelines in place at our premises, including but not limited to Alcohol, Drug, Substance abuse and Weapons, Smoking, health and safety, disciplinary and security procedures. Further details of the relevant rules, procedures, policies and guidelines will be provided at the premises where courses are undertaken.

Delegates are not allowed to bring the following on to our premises.

1. Alcohol, drugs; or
2. Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).

Delegate(s) that are not adhering to our Equal Opportunities and Diversity Policy may, at our sole discretion, be required to leave the Course and our premises immediately.

We shall not be liable for any refund or compensation in such circumstances.

If we consider that:

1. A Delegate is under the influence of drink or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; and/or
2. A Delegate is a risk to the health and well-being of themselves and/or others; and/or
3. A Delegate’s Course attendance times are unacceptable, such Delegate shall be required to leave the Course and our premises immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances.

Some of the training provided by Aspects Total Training Ltd can be physically and/or mentally demanding. All Delegates must be capable of completing the training in that respect. We cannot be held responsible for any costs that may be incurred due to a Delegate(s) being unable to complete training because of any inability on their part. Where there is any concern you should contact us and we will assess what reasonable adjustments may be made to assist you or your Delegate(s).

Prior to making a Booking it is your responsibility to ensure that a Delegate(s):

1. Has the physical ability; and/or
2. Has the communication skills; and/or
3. Has the literacy and/or numeracy skills; and/or
4. Has met any pre-requisites listed for the Course that is/are required for a Delegate(s) to attend and complete the Course on which they have been enrolled, and for which we are not able to make Reasonable Adjustments.
5. It is your responsibility to ensure the Delegate(s) is aware of what is involved in the Course (including, but not limited to, if it involves being in a confined space or working at heights) and can fully complete any training and assessment.
6. If a Delegate(s) does not possess the physical ability and/or the skills and/or prerequisites and/or abilities set out in items 4 & 5, either:

In our reasonable opinion; and/or

The Delegate’s opinion and we have not been able to make Reasonable Adjustments, such Delegate(s) shall be required to leave the Course and our premises immediately. We shall not be liable for any refund or compensation in such circumstances.

If you and/or a Delegate(s) have any doubts relating to their physical ability, reference should be made to a medical doctor. The onus is entirely with you and/or the Delegate(s) to ensure that they have the physical ability required to attend a Course.

We may require Delegates to bring photographic identification along to the they are attending to verify their identity. It is your responsibility to make the Delegate(s) aware of this requirement and refer to the joining instructions provided as to whether this is a requirement. If photographic identification of the Delegate(s) is required and they do not provide it when requested, we may require them to leave the Course and our premises immediately. We shall not be liable for any refund or compensation in such circumstances.

For those courses where a course certificate is issued, a certificate shall be issued to a Delegate(s) who has, in our opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.

You shall forward on any issued Course certificate to the applicable Delegate(s).

Liability

Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.

We shall not be liable to you:

1. For any indirect, special or consequential loss of any nature whatsoever; or
2. For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any administrative inconvenience or disappointment.
3. Subject to item 1, our liability to you in contract, tort or otherwise is limited to the Course and/or Accommodation price.
4. We accept no liability for any reliance placed upon the contents of any Course literature supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
5. We shall not be liable for any loss or damage caused to a Delegate’s vehicle on our premises unless caused by our wilful misconduct.
6. We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money.
7. We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.
8. We shall not be liable to you for the loss of any accommodation, transport bookings associated with the course being rescheduled/cancelled.

Data Protection

‘Personal Data’ is an individual’s personal information including information obtained directly from an individual, or from third parties, or because of our relationship with the individual in our capacity as a Training Provider.

1. By booking a Course, we will collect, process and use the Personal Data you provide us for the purposes set out in item 3.
2. Where you provide us with an individual’s Personal Data you warrant and represent that you have informed them of our identity and the purposes set out in item 3 for which their Personal Data will be processed.
3. The information you provide to us will be used for the purposes of booking a Course including for the purposes of administration (including Delegate registration and recording of qualifications); statistical analysis; and customer services., Your data will be held securely and treated confidentially and will not be disclosed to external parties other than as required for the purposes described above, which may include sharing your information on a construction training register as well as with employers, awarding organisations, training providers, or funding bodies.. Your Personal Data will not be passed to third parties for marketing purposes without your consent.
4. For Data Protection and other reasons, Delegates must not take photographs whilst attending a Course.

General

Without waiver or limitation of any rights or remedies we shall be entitled to set-off all monies owed by us to you against any and all monies owed by you to us under this or any other contract.
A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

The headings in this Agreement shall not affect its interpretation.

If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.

The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.