Terms and Conditions
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.
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.
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:
- 50 Commercial Road, Newport, Gwent, NP20 2PE.
- [email protected]
5. 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.
6. Re-scheduling Courses or Exams
Re-scheduling training courses or examinations less than 10 working days prior to the agreed course/exam start date is not permitted.
Re-scheduling training courses or examinations more than 10 working days in advance of the agreed course/exam start date, a re-scheduling admin fee of 25% of the agreed course price + VAT will be payable upon re-scheduling.
Non-attendance of any course 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.
NILC reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.
9. 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.
10. 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.
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.
12. 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.
13. Data Protection and Confidentiality
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.
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