ALX Training Ltd – Terms & Conditions of Business

These terms and conditions and the booking confirmation form comprise the agreement pursuant to which ALX Training Ltd provides courses to the customer.

1. DEFINITIONS

  1. 1.1 “Courses” means educational training offered by ALX Training Ltd at locations specified by ALX Training Ltd.
  2. 1.2 “Customers” means the person, firm or corporation identified as enrolling on a course by way of a relevant written confirmation of enrolment.
  3. 1.3 “Course Materials” means any documentation, listings instructions and statements in either machine-readable or printed form.

2. PAYMENT TERMS

  • 2.1 On receiving confirmation of a booking, ALX Training will issue an invoice.
  • 2.2 Where ALX Training Ltd has received authorisation to invoice the following payment terms apply:
    • 2.2.1 Full payment is due within 30 days from the date of the invoice.
    • 2.2.2 ALX Training Ltd reserves the right to charge late payment interest on any outstanding invoices, at a rate of 2.5% above the Bank of England base rate.
    • 2.2.3 ALX Training Ltd reserves the right to recover any reasonable debt collection costs in connection with this Agreement.
    • 2.2.4 The employer is liable for all unpaid invoices.
  • 2.3 Prices are inclusive of tuition, course materials, and reasonable use of training equipment by the Customer for the period of the Course. The price does not include examination fees, lunch, and any travel, accommodation or living expenses which the Customer may incur in attending the course.

3. CANCELLATION, RESCHEDULING OR CHANGE OF A SHORT COURSE OR PROGRAMME

  • 3.1 ALX Training Ltd reserves the right to cancel, reschedule or change the location of a course, if in the opinion of ALX Training Ltd, such an action is necessary. ALX Training Ltd will notify the customer as soon as the change is made. In such circumstances, the customer has the option to attend the rescheduled course, apply the fees to another course, or to receive a refund or credit note for the course fees paid but shall not otherwise be entitled to compensation or costs or damages arising from such a cancellation or changes.
    • 3.1.1 In the event a customer has to cancel a course, the following clauses shall apply:
    • 3.1.2 More than 28 days prior to start date no cancellation fee with be payable.
    • 3.1.3 Less than 28 days prior to start date 50% of total Course fee will be payable.
    • 3.1.4 Less than 7 days prior to start date 100% of total Course Fee will be payable.

4. INTELLECTUAL PROPERTY

  • 4.1 ALX Training Ltd grants the customer a non-transferable, non-exclusive licence to use ALX Training Ltd products (including information, training material content, software and data) under the terms of this Agreement.
  • 4.2 This licence terminates upon termination of this Agreement for whatever reason.
  • 4.3 The customer warrants that they shall only use ALX Training Ltd products for their own educational purposes and shall not, without ALX Training Ltd’s prior written consent, copy, make available, retransmit, reproduce, sell, disseminate, licence, distribute, publish, broadcast or otherwise circulate ALX Training Ltd’s products (or any part of them) to any person other than in accordance with this Agreement.
  • 4.4 The customer shall fully indemnify ALX Training Ltd in respect of any infringement of any intellectual property rights arising as a result of their use of ALX Training Ltd’s products in breach of this Agreement.

5. FORCE MAJEURE

  • 5.1 ALX Training Ltd shall not be in breach of these Terms and Conditions if there is any total or partial failure of performance by it or 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 causes beyond its reasonable control.

6. DATA PROTECTION

  • 6.1 Customers agree that, in relation to information held from time to time, ALX Training Ltd may:
    • 6.1.1 Use the information to perform their obligations and enforce rights under these Terms and Conditions of Business.
    • 6.1.2 Use the information to inform Customers about courses, products or services which may be of interest to them.
    • 6.1.3 Use the information to inform Customers of feedback and exam results.
    • 6.1.4 Communicate with the Customer and Delegates regarding their progress, results and attendance.
  • 6.2 Customers have the right to receive details of the personal information held by ALX Training Ltd. A fee of £20 will be payable.
  • 6.3 In the event that Customers do not wish to receive correspondence from ALX

Training a written request should either be sent to the registered office or emailed to [email protected]

7. CHANGE OF ADDRESS OR OTHER CONTACT DETAILS

  • 7.1 ALX Training Ltd must be notified in writing of any change in customer’s contact details, including the email address specified on the customer’s booking form or any correspondence relating to a booking.

8. SECURITY

  • 8.1 Personal possessions are the sole responsibility of the customer and ALX Training Ltd accepts no responsibility for anything that is lost or stolen from its venues. Customers are advised to keep valuables with them at all times.

9. SPECIAL REQUIREMENTS

  • 9.1 Should any of the delegates require special equipment or any other provision deemed necessary for the purposes of training, 72 hours’ notice needs to be given to ALX Training Ltd.

10. NOTICES

  • 10.1 Any notices required to be served by ALX Training Ltd will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address notified by the customer, at ALX Training Ltd’s discretion.

11. LIMITATION OF LIABILITY

  • 11.1 The liability for ALX Training Ltd for direct losses arising out of their negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the customer (or employer) for the course or study materials.
  • 11.2 ALX Training Ltd shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

12. WARRANTY

  • 12.1 ALX Training Ltd warrants that study materials will be of satisfactory quality but does not warrant that study materials will be error free.
  • 12.2 ALX Training Ltd warrants that it will perform any services under this Agreement with reasonable skill and care.
  • 12.3 These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.

13. VALIDITY

  • 13.1 If any provision of this Agreement is held to be invalid or enforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

14. JURISDICTION

These Terms and Conditions shall be interpreted, construed and enforced in accordance with Jersey law and shall be subject to the exclusive jurisdiction of the Jersey Courts.

October 2014