In these Conditions the following expressions shall have the following meanings:
"Booking Form" means the Confirmation of Booking Form, which contains the details of the course
"HF" means HearFirst (tm) of Lower Acre, Todmorden Road, Bacup, Lancs, OL13 9EB.
"HF Consultant" means the HF employee or agent designated by HF to provide the Course.
"Client" means the person, firm or corporation identified as enrolling on the Course by returning the Booking Form to HF or providing other oral or written confirmation.
"Confidential Information" means all information relating to the Course including the Course.
"Course" means the course to be supplied by HF as described on the Booking From.
"Course Fee" means the price for the Course set out on the Booking Form, which excludes VAT.
"Confirmation Date" means the date HF receives either the Booking Form signed by the Client or written confirmation by the Client that it intends to attend the Course or if the Course is provided sooner, the date the Course begins.
"Course Materials" means any documents, customised training materials, dataset or computer program supplied by HF for the purpose of the Course. "Intellectual Property" means all inventions, patent, applications, granted patents, registered and unregistered designs , copyright works, trade marks and Confidential Information"
"Working Day" means any day other than Saturday or Sunday or a Bank or Public Holiday
The Client shall pay HF the Course Fee as per the invoice terms and in any event no later than 20 Working Days before the date the Course commences.
The Client shall reimburse to HF all those reasonable expenses of HF which are set out in the Booking Form together with reasonable travel accommodation and subsistence expenses of the HF Consultant.
HF shall use reasonable skill and care in providing the Course, however, all conditions and warranties express or implied, statutory or otherwise are expressly excluded.
The Client will be deemed to have accepted the Course if more than 10 days have elapsed since the date Course ended and the client has not raised any concerns with HF in accordance with the paragraph below.
The Client must raise any concerns over the quality of the Course in writing immediately and in any event no later than 10 days after the Course ended.
HF reserves the right to cancel or reschedule the Course and will endeavour to provide reasonable notice of the cancellation or change, except in and emergency.
The Client will be entitled to a full refund of the Course Fee if HF cancels the Course but HF shall not be liable for any other loss or expenses to the Client arising out of the cancellation.
The Client may cancel the Course by notifying HF in writing and the Client shall be entitled to a full refund of the Course fee if it notifies HF of the cancellation at least 20 Working Days before the Course date. If the Client notifies HF between 10 and 20 Working Days before the Course date, it shall be entitled to a refund of 75% of the Course Fee. If the Client gives HF less than 10 Working Days notice before the Course date, it will not be entitled to any refund of the Course Fee.
5. Intellectual Property
All Copyright associated with any HF Course Materials remains the property of HF. The Intellectual Property in the Course Materials can be used by the Client in a teaching environment provided that HF is participating. If in future the Client wishes to use the Course Materials then a separate contract must be negotiated to deliver the Course Materials under licence.
HF shall indemnify, defend, or at its option, settle any claim or action against the Client on the basis of infringement of any copyright in the Course Materials or use thereof and pay any final judgement entered against the Client on such issue in any such proceeding, provided HF has sole control of such defence and/or settlement and the Client promptly notifies HF and gives HF all related information known to the Client.
If the HF Consultant is temporarily unable to provide the Course, HF will attempt to provide a substitute of at least equivalent standing. If no substitute is available, HF will reschedule the Course at no additional cost to the Client.
7.Limitation of Liability
HF does not exclude liability for death or personal injury caused by the negligence of HF.
HF's total liability shall not exceed an amount equivalent to the Course Fee.
Except as set out above, (first paragraph Clause 7) HF shall not be liable for the following loss or damage howsoever caused even if foreseeable by HF: loss of profits, business, revenue, goodwill, anticipated savings, data, corruption of data, whether sustained by the Client or another person, and/or special indirect or consequential loss whether suffered by the Client or another person.
8. General Provisions
These Conditions shall come into force on the Confirmation Date and shall continue until the Course Fee and any expenses due are paid in full to HF.
The Client shall not assign or transfer this contract or any interest in it without HF's prior written consent, which shall not unreasonable by withheld. If any part of these Conditions are held to be unenforceable at law it shall be severed from these Conditions and the remainder shall be enforceable. HF shall not be liable for failure to supply any Course under these Conditions due to a cause beyond its reasonable control.
Following completion of the Course the Client shall not approach the HF Consultant directly or indirectly for a period of 365 days to seek to employ or provide a further assignment of any sort to the HR Consultant.
Any equipment lent by the Client to HF remains the property of the Client and at the risk of the Client and shall be returned to the Client upon demand.
These Conditions shall be construed and enforced in accordance with the laws of England and HF and the Client agree to submit to the exclusive jurisdiction of the English courts.