Terms and Conditions
1. Definitions
In these Conditions the following expressions shall have the following meanings:
“NILC” or “NILC Training” means NILC Ltd of registered address 50 Commercial Road, Newport, Gwent, NP20 2PE; company registration no. 09079217; VAT no. 193 0596 88
The “Client” means the person, company or other legal entity identified as providing a request to NILC to supply Services.
“Services” means the goods or services to be provided by NILC to the Client under the terms of the contract and “Services” shall be construed accordingly.
“Confirmation Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by NILC
– NILC has confirmed to the Client that the Course or other Services requested are available
– Payment has been received or alternative payment method agreed.
“Contract” means the contract between NILC and the Client under which the Services are to be supplied by NILC to the Client
“Training Provider” means the company delivering a course when this is not NILC
“Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays. “Month” means a calendar month. “Week” means seven consecutive days.
“Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trade marks and confidential information.
2. Prices
The price payable for the Services shall be the list price of NILC at the Confirmation Date unless otherwise stated.
The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.
All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.
3. Payments & Bookings
Online, telephone or written course bookings are all subject to the following terms and conditions.
All prices quoted are subject to VAT regardless of customer’s geographical location. VAT is chargeable at the point of supply of the course and at the standard UK rate.
The prices listed and quotes given do not cover travel, subsistence or any other expenses related to course attendance for delegates unless otherwise stated on the course page at time of booking. Price quotes are valid for 7 days from date they are sent to the customer.
Unless otherwise agreed between both parties all course/exam fees must be cleared in NILC’s bank account before the start-date of the course/exam. Without prejudice or distortion to alternative rights listed, NILC will impose a late payment charge of 8% over the Bank of England base rate. Payments can be made by all major credit and debit cards or BACS.
If a booking is initially made on behalf of a company but payment is not made then NILC reserve the right to pursue the individual taking the course for payment as the end user.
NILC cannot be held responsible for any website bugs or typographical errors relating to payment or other information listed on the website. In this instance a course may need to be cancelled or re-booked if there is a payment gateway issue.
4. Online Self-Paced Courses
Under this policy, you may cancel your purchase of the course within the period of 14 calendar days from the date on which the contract of purchase is concluded. This is called a “Cancellation Period”. Note that if you redeem your course or voucher during the Cancellation Period, you expressly request us to begin providing the course materials and you acknowledge that you lose your right to cancel the purchase of the course and get any refund for it.
In case you decide to cancel your purchase of a course, please notify NILC in writing in one of the following ways:
If you cancel the purchase of a course within 14 calendar days as mentioned above, we will refund you for all payments made as a part of your purchase within 14 calendar days from the day we accept that you are entitled to a refund.
5. Cancellations
Cancellation by NILC
NILC reserves the right to cancel, reschedule or change the training venue of any course and will advise the customer as soon as the change is known. NILC will use all reasonable endeavours to avoid changes in this nature. For any courses that are rescheduled due to unforeseen circumstances (e.g. tutor sickness / low course numbers) every endeavour will be made to contact the client and to find a replacement tutor or to reschedule the course.
If a training event is cancelled, NILC will either re-allocate Clients on to future training events with the Client’s consent or offer a substitute course if available (e.g. virtual training events, e-learning training or a different classroom location).
In the event of NILC cancelling a course and no substitute course or alternative course date was agreed, a refund of the course fees which the Client has already paid in advance in relation to the cancelled course will be offered.
Cancellation by Client
Unless written cancellation is received at least 10 working days before the start date of the course, the full course fees including VAT are payable in full by the Client and are non-refundable.
Should a course booking be made less than 10 working days prior to the course start date, the above cancellation terms still apply.
If the cancellation is received more than 10 working days in advance of the course start date, a cancellation admin fee of 25% of the agreed course price + VAT will be payable upon cancellation.
If you do need to make a cancellation please notify NILC in writing in one of the following ways:
6. Terms of Payment
The course fee(s), including VAT, are payable in full immediately upon receipt of the invoice. Clients wishing to make payments made from non UK accounts or credit cards must be responsible for all bank charges in relation to the overseas transactions.
Without prejudice or distortion to alternative rights listed, NILC will impose a late payment charge of 8% over the Bank of England base rate. Payments can be made by all major credit and debit cards or BACS.
All payments shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholding’s of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If a customer is compelled to make any such deduction, it will pay to the receiving Party, NILC, such additional amounts as are necessary to ensure receipt of the full amount which that party would have received but for the deduction.
All payments must be received, regardless of payment terms, prior to an examination being issued or delivered by the Company
It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.
7. Re-scheduling Courses or Exams
Re-scheduling training courses less than 10 working days prior to the agreed course start date is not permitted. Re-scheduling training courses more than 10 working days in advance of the agreed course start date, a re-scheduling admin fee of 25% of the agreed course price + VAT will be payable upon re-scheduling.
Re-scheduling examinations less than 3 working days prior to the agreed examination start date is not permitted and the full examination fee will be payable. Re-scheduling examinations 4+ working days in advance of the examination start date, a re-scheduling admin fee of £10.00 + VAT will be payable upon re-scheduling.
8. Non-attendance
Non-attendance of any course or examination for any reason whatsoever is deemed to be a cancellation with no notice. The full course fees including VAT are payable in full by the delegate and are non-refundable.
9. Admission
NILC reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.
10. Changes to Courses
NILC reserves the right to change any part of a published course for the benefit of our customers. NILC reserves the right to cancel, reschedule or change the training venue of any course and will advise the customer as soon as the change is known. NILC will use all reasonable endeavours to avoid changes in this nature. For any courses that are rescheduled due to unforeseen circumstances (e.g. tutor sickness / low course numbers) every endeavour will be made to find a replacement tutor or to reschedule the course.
11. Customer Specific Courses (e.g. on site courses)
For courses scheduled to be delivered on a Client site or other venue requested by the client a cancellation charge of 50% of the agreed course fee will apply to cancellations made between 10 and 6 working days prior to the course start. For cancellations made less than 6 days prior a 100% charge % of the agreed course fee will apply.
12. Liability
NILC total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.
NILC shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
13. Force Majeure
NILC shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.
If NILC is unable to perform its duties and obligations under this contract as a direct result of one or more such causes NILC will give written notice to the Client of such inability stating the cause.
14. Data Protection and Confidentiality
The policy of NILC with respect to data protection is detailed in its Privacy Policy which should be read in conjunction with these terms and conditions of contract.
Where Services are certified training courses, the Client consents to allow NILC full access to examination results arising from their bookings. This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate effectiveness of training and to assist NILC in providing advice to its clients.
All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it NILC, its Training Provider or others.
Where Services are distance learning products then the Client shall abide by all reasonable terms of any licence agreement applicable.
Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of NILC. The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.
Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify NILC against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
15. General
The Contract shall only become effective at the Confirmation Date.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by NILC or its Training Providers shall be subject to correction without any liability on the part of NILC.
No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of NILC.
NILC may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.
During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of NILC or its Training Providers.
The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.
These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
These Terms and Conditions are applicable to all invoices issued on and after 2 February 2016.
16. Complaints
Complaints are not defined by the process through which they are reported but by the severity of their nature. Complaints can be made verbally in person, by phone, writing by email or letter or through our website. Complaints may be made in English or Welsh and will be treated equally.
8.1 Stage One – Informal Complaints (Non-serious, low risk, low profile)
Every effort is made to resolve a complaint as quickly and easily as possible. Depending on the severity of the complaint it may be possible to address the matter informally through discussion with a member or staff. Any member or staff will be happy to discuss any concerns and will take action accordingly. Anyone making a complaint should be made to feel comfortable in doing so, without fear that it may have an adverse impact on their learning or relationship with NILC Ltd, its member organisations or sub-contractors.
Whilst learners are encouraged to discuss any informal complaints with their trainer, should any learner feel unable to do so they will be supported to speak to an appropriate manager.
Stage One complaints not requiring investigation will be addressed within 15 working days.
8.2 Stage Two – Formal Complaints (More serious, high risk, high profile)
If it is felt that a complaint has not been addressed fully at stage one, or if the nature of the complaint is sufficiently serious it may be more appropriate to make a formal complaint in writing, support in doing so can be provided on request and complaints are welcome in English or Welsh.
A complaint which may be high risk or high profile could include:
- An allegation of corruption against an employee
- An allegation of fraud or other illegal activity
- A claim of dereliction of duty
- A potentially significant risk to the organisation’s operations
- A claim of personal injury
- A claim of discrimination in relation to the protected characteristics as set out in the Equality Act 2010
- An allegation of significant harm or abuse, or where there is a suspicion that someone may suffer significant harm
- A serious failure in service delivery such as major delays or repeated failures
- Significant and ongoing press interest
Upon receiving a complaint at this stage, the nature of the complaint and the complainant’s anticipated outcome will be recorded in writing and the NILC Ltd Managing Director will allocate a DCO to investigate.
Investigation of the complaint will commence within one working day of receipt and the complaint will be acknowledged, in writing, within 5 working days by the appointed DCO.
The DCO will appoint an Investigating Officer (IO) who will record the details of the complaint on the NILC Ltd Complaints Record Form and undertake investigations as appropriate.
8.3 Stage 3 – Formal Complaints
The complaint will be investigated and contact will be made with all relevant parties to gather information and supporting evidence. The IO will advise the complainant, DCO and the NILC Ltd Managing Director of progress at each stage.
8.4 Stage 4 – Formal Complaints
Within 15 working days the complainant will receive written notification of the outcome of the complaint or details of any ongoing investigations as appropriate. The IO will also ensure the DCO and the NILC Ltd Managing Director are copied into the communication.
8.5 Stage 5 – Formal Complaints
If it has been necessary for the investigation period to be extended beyond 15 working days, the complainant will receive written notification of the outcome within 6 weeks. This outcome will be the final decision unless the complainant chooses to appeal.
In order to learn from all complaints, even if it is something that can be addressed informally, the member of staff to whom the complaint was reported will complete the NILC Ltd Complaints Record to record the nature of the matter and how it has been resolved. This will be submitted for central evaluation to determine whether changes need to be made to prevent re-occurrence.
For analytical and evaluation purposes all formal complaints will be recorded and categorised.
Nature:
- Business Development
- Certificates
- Communication
- Equality of Opportunity
- Examinations
- Financial / Funding
- Health and Safety
- Registration Process
- Safeguarding
- Staff Conduct Support
- Teaching and Learning Other
Source:
- Stakeholder
- Learner
- Employer
- Parent/Carer
Appeals
If the complainant is unsatisfied with the outcome of their complaint, they have the right to appeal. An appeal may be made on the grounds of the resulting decision or the improper application of process.
In the first instance, an appeal should be made, in writing, to the NILC Ltd Managing Director. If the NILC Ltd Managing Director are implicated in the complaint, the appeal should be made, in writing, to the NILC Ltd Board of Directors.
If the complainant is unhappy with the appeal outcome, in the first instance they must contact the Designated Complaints Officer to clarify the rationale behind the decision.
