These Terms are effective for all Published Training courses.
Here are some key Terms you need to be aware of :-
- Payments must be received within 30 days of invoice issue date. Where bookings are made less than 30 days before course start date (please see Section 6).
- The prices quoted are exclusive of tax (Sections 14 and 22)
- Transfers and cancellations made within 20 days of the course start date will incur charges of between 25% & 100% (please see Section 23).
1. Oil Spill Response Limited: a company registered under the Laws of England, with registration number 01808594, hereinafter referred to as the ‘Company.’
2. Sponsoring Organisation: a company or individual who has duly completed the authorisation section of the Registration Form, signed and dated the form or accepted the Terms and Conditions through the online registration process, hereinafter referred to as the ‘Client.’
3. Registration may be made online via the Company’s training website: www.oilspillresponse.com. Details of the person authorising the Registration and preferred method of payment are mandatory to validate the order. On receipt of the Registration Form, notification will be sent by the Company confirming the course booking. Joining instructions will be sent once payment for the course has been received.
4. Registration Forms must be duly completed and sent to the Company either via fax or post and will only be accepted if the Client has accepted the Terms and Conditions herein by signing the authorisation overleaf. All registrations will be considered provisional until the Company is in receipt of a signed Registration Form or duly completed online Registration Form and course payment has been received.
5. Invoices or receipt of payment as applicable will be sent immediately after the Registration has been made regardless of the course start date. Invoices or online payment requests are calculated based on the information provided by the Client in the Registration Form. If any of the information should prove to be inaccurate, the Company reserves the right to issue an additional or amended invoice and claim from the Client any such additional sum payable.
6. Payment must be received as follows. For Registrations made:
- More than 30 days before the course start date, payment must be received within 30 days of invoice issue date.
- Less than 30 days before the course start date, payment must be received at least 5 working days prior to course start date.
- Less than 5 days before the course start date, payment must be received immediately upon Registration.
Client will be informed of the payment terms at the time of Registration. Course joining instructions will be issued once full payment is received. Course discounts will be applied only if payment is received within the appropriate payment terms period. If payment is not received within the appropriate terms period, Company may revoke discounts and may issue an additional invoice to the value of the discount.
7. Should the Client encounter difficulty in meeting the payment date, contact should be made with the Company as soon as possible.
8. The Company reserves the right to refuse to allow any delegate to attend a course if payment is not settled before the start of the course.
9. Payment must be made in the currency set out in the Training Course Directory for the particular course.
10. Where online payment is available, credit or debit card payments can be made online and payment will be taken in the currency set out in the Training Course Directory. For card holders using a credit or debit card of a different currency the amount debited from the card will be dependent on the card company’s prevailing exchange rate.
11. The Company shall not be deemed to have received payment until cleared in the Company’s account.
12. Course materials, certificates and e-learning access passwords will only be provided on receipt of full payment.
13. E-learning course passwords will be valid for three months from the date of issue. Failure to complete the course within three months will require the re-purchase of the online course at the then prevailing rate.
14. All course fees quoted in this Training Course Directory and on the Company’s website are exclusive, unless otherwise stated, of any and all taxes and bank charges. The Client is responsible for additional payment of any taxes and bank charges which are due.
15. The Client shall not withhold or set off any amount from any payment due to the Company.
16. The Client shall indemnify and keep indemnified the Company against all forms of taxation or fiscal imposts of whatsoever nature levied upon the Company or its employees in any jurisdiction other than the United Kingdom and Singapore arising out of the Company’s performance of the Services, including, without limitation, withholding tax and local value added taxes in any such jurisdiction and any customs, import or export duties. For the avoidance of doubt, in the event of any withholding of tax, the Client shall pay to the Company such further amount, in addition to the sum set out in the Training Course Directory, so that the Company shall receive such sum as it would have received had no such withholding taken place.
17. Interest on any sums due to the Company will accrue at the rate of 3 percent per annum above the base rate of HSBC Bank plc, London, as established from time to time. Such interest will run from day to day and accrue until payment is actually made whether before or after any judgment or other resolution of any dispute.
18. Company bank details for bank transfer payments will be provided on the Company’s invoice.
19. The Company reserves the right to refuse a booking at its sole discretion.
20. All fees, except for online courses, include tuition, lunch, morning and afternoon refreshments and course materials. Some evening meals and entertainment are included in a selection of courses. Where applicable, further details on this are included in the joining instructions.
22. All fees are exclusive of tax. The fees for courses are determined in advance. Any unavoidable change in fees will be advised at the time of Registration.
DELEGATE CANCELLATION and TRANSFER CHARGES
23. The Company appreciates that occasionally difficulties will arise and result in the Client’s nominated staff being unable to attend a training course. Therefore, cancellations and transfers will only be accepted without charge if notice of cancellation or transfer is received in writing, (fax and email acceptable), at least 20 days prior to the course start date, regardless of whether the booking is acknowledged or confirmed. Where notice of a transfer is received, a new course date must be selected and a place will be allocated, subject to availability. If an alternative course place is offered by the Company but not accepted by the Client, this will be treated as a cancellation.
Notice of cancellations or transfers will be subjected to the following penalties:
- Notice of cancellation between 20-11 days of the course start date will be subject to a charge of 50% of the course fee.
- Notice of cancellation within 10 days or less of the course start date will be subject to a charge of 100% of the course fee. No refund or credit note will be issued.
- Notice of transfer between 20-11 days of the course start date will be subject to a charge of 25% of the course fee.
- Notice of transfer within 10 days or less of the course start date will be subject to a charge of 50% of the course fee.
24. In lieu of a cancellation, the Company will accept a request for substitution of an alternative nominated delegate to attend the course, made not less than 5 days before the course start.
COURSE CANCELLATIONS AND CHANGES TO THE PUBLISHED COURSE PROGRAMME
25. Courses are constantly updated and improved in keeping with the Company’s policy for continual improvement and therefore the course description is intended as a guide only. The Company reserves the right to alter the content of any courses and content without prior notice. The Company reserves the right to cancel a course at any time without liability. In these circumstances, delegates will be offered an alternative course date, a credit note or a full refund.
26. Upon receipt of a completed Registration Form and full course payment, notification will be sent confirming the Registration and joining instructions will be issued. This will include where applicable:
- Confirmation of course details and dates
- Copy of the course programme
- Advice on travel to Southampton or Singapore (if applicable)
- Details on what to bring
- Dress code
- Any other local information
For online courses, once payment has been received, the delegate will be sent details on how to access the course with web link and log-in passwords.
28. Personal information, as defined in the Data Protection Act 1998, will be used for administrative purposes including analysis for management information purposes.
This information may also be passed to third parties.
HEALTH AND SAFETY
29. Notwithstanding any other terms herein, the Client or any of its directors, officers or employees will ensure compliance with all of the Company’s instructions, directions, policies and procedures while at any site of the Company. Failure of the Client or any of its directors, officers or employees to comply with any of the Company’s instructions, directions, policies and procedures could result in the removal from the site of any one or more client delegates and termination of services. If such termination occurs, the Client will be responsible for full payment in respect of the services and amounts due to the Company.
CONTROL OF OPERATIONS AND EQUIPMENT
30. Where the Client's equipment is deployed at one of the Client’s locations or some other location chosen by the Client, the responsibility for the control of all matters at the location at which the equipment is deployed shall be that of the Client provided that the Client or any of its employees working on or with the equipment may decline to carry out any instruction and take any action it or they see fit in any situation where the safety of personnel or property may be at risk and the decision as to whether any such situation exists shall be at the sole discretion of the Client or any of its employees who are present at the location of the equipment.
31. The construction, validity and performance of this Agreement shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
LIABILITY AND INDEMNITIES
32. The Client shall indemnify and hold harmless the Company and its directors, officers, employees, subcontractors and agents against all claims, costs, expenses, losses, liabilities and damages for or arising out of the personal injury, illness or death of any director, officer, employee or agent of the Client, or for loss of or damage to any property of the Client or its directors, officers, employees or agents howsoever caused and regardless of any negligence or breach of duty or other fault on the part of the Company or its directors, officers, employees, subcontractors or agents whether or not arising out of or in connection with the services.
33. The Company shall indemnify and hold harmless the Client and its directors, officers, employees, subcontractors and agents against all claims, costs, expenses, losses, liabilities and damages for or arising out of the personal injury, illness or death of any director, officer, employee or agent of the Company, or for loss of or damage to any property of the Company or its directors, officers, employees or agents howsoever caused and regardless of any negligence or breach of duty or other fault on the part of the Client or its directors, officers, employees or agents whether or not arising out of or in connection with the services.
34. Without prejudice to clauses 32 and 33 above, the Client shall indemnify and hold harmless the Company and its directors, officers, employees, agents and subcontractors against any claims, costs, expenses, losses, liabilities and damages of or to any third party howsoever caused and regardless of any negligence or breach of duty or other fault on the part of the Company or its directors, officers, employees, subcontractors or agents whether or not arising out of or in connection with the services.
35. Nothing herein shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or misrepresentation.
36. Notwithstanding any other terms herein, neither party shall be liable to the other for any indirect, special or consequential loss or damage howsoever arising out of or in connection with an Agreement for any consequential or indirect loss or damage howsoever arising.
37. For the avoidance of doubt, where a course is provided to a delegate who is an employee of a Participant Member or Associate Member of the company, if there is any conflict, the terms of the Participant/Member Agreement will take precedence.