Terms & Conditions

Terms and Conditions – Nexgen Tutor Ltd

Registered Address: Colliers Barton, Whilborough, Newton Abbot, Devon, United Kingdom, TQ12 5LT

Registered in England and Wales: 10343166

  1. Definitions

    In this document the following words shall have the following meanings:

    “Agreement” means these Terms and Conditions together with the terms of any applicable Quotation Document

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    “Customer” means the organisation or person who purchases goods and services from Nexgen Tutor Ltd

    “Delegate” means the organisation or person who purchases goods and services from Nexgen Tutor Ltd

    “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable

    “Quotation” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;

    “Supplier” means Nexgen Tutor Ltd

    General

    These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.

  2. PUBLIC COURSES/SERVICES/PRODUCTS: PRICES, PAYMENT & REFUNDS

    2.1 Where early booking prices and promotional offers are available, the early price is only available until the expiry date of the specific promotion. After the expiry date of an offer the product or service will become available at an increased price or an alternative promotion specified.

    2.2 The Supplier is not liable to refund fee differences that may arise due to delegates purchasing at different times, discounts etc.

    2.3 Where an early booking price is in place, invoiced amounts for public courses shall be due on date stated in the invoice to secure the early booking discount. If the invoice is settled later than the date stated in the invoice an increase in the course price becomes due to the full amount of the place as published.

    2.4 It is the delegate’s/ customer’s responsibility to ensure the Supplier has the full details and any required purchase order number at time of booking.

    2.5 Cancellations:

    2.5.1 A 100% refund if cancelled within 14 days of booking a public course or workshop.

    2.5.2 Refunds for video courses purchased will only be issued within 30 days of purchase – this is the 100% refund guarantee policy.

    2.5.3 All books and ebooks are sold through Amazon. As such, refunds are subject to Amazon Refunds policy.

    2.5.4 For public workshops and courses you are entitled to a 60% refund of the course fee if you cancel, in writing, up to 60 days before the course start date. Cancellation within 59 days or less from the course start date will mean that the full course fee remains payable and no refund will be given.

    2.6 For public courses you are entitled to a 60% refund if you leave the training after the first lecture, because you are unhappy with the training. You will not be entitled to a refund after your second lecture.

    2.7 The conditions in 2.5 do not apply if you have received any study materials or certificates issued for the training. The Supplier is entitled to exercise discretion in 2.6 where evidence of extreme extenuating circumstances is presented.

    2.8 The refund will be credited to the same credit card or bank account as that of the original payment.

    2.9 The customer/ delegate is legally responsible for providing payment once the booking is confirmed although attendance for the programme will only be secured when full payment has been received.

    All payment plans must be agreed with the Supplier. If you have requested a payment plan you agree to ensure payments are made promptly. Any overdue payments will be subject to a 10% administration fee.

    2.10 Any special offers for modular courses are only available when booking all modules as specified at the same time.

    2.11 Attendance on course does not guarantee certification.

  3. CUSTOMER’S OBLIGATIONS

    3.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:

    3.1.1 Co-operate with the Supplier;

    3.1.2 Provide the Supplier with any information reasonably required that is useful for the training

  4. RECORDINGS

    4.1 Some public workshops and programmes may be recorded via audio and video. The Supplier reserves the right to use this material for marketing. Any recording of in-house courses and workshops will only be undertaken if written authorisation of the Customer is obtained.

    4.2 Anyone not wishing to participate in a recording should notify by email at info@nexgentutor.com

  5. SPECIFICATIONS

    5.1 For the avoidance of doubt, no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier, and no representation written or oral, correspondence or statement shall form part of the contract.

    5.2 No unauthorised use of the Supplier’s logo(s) is permitted at anytime.

    5.3 It may be necessary, for reasons beyond the control of the Supplier to change the venue, dates and/or trainer which will be notified by email or mail.

    5.4 The Supplier is not liable for any additional travel and accommodation costs the Delegate may incur should the programme dates or venue be altered.

  6. LIMITATION OF LIABILITY

    6.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.

    6.2 In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

  7. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT AND CUSTOMER INFORMATION

    7.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.

    7.2 Each learner is presented with course materials for personal use. Course materials provided by the Supplier are the copyright of the Supplier unless otherwise stated and no copies or unauthorised distribution shall be made.

    7.3 The customer allows the supplier to utilise the company logo on the supplier’s website without specific written permission. The customer needs to write to the supplier within 30 days of the contract booking if they wish to over-ride this clause.

  8. INDEPENDENT CONTRACTORS

    The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Quotation Document.

  9. SAFEGUARDING CHILDREN AND VULNERABLE ADULTS

    The need to share information in order to keep children and vulnerable adults safe from abuse, takes precedence over the usual commitment to confidentiality.

  10. VARIATION

    These terms and conditions may be subject to amendment from time to time. If these terms and conditions are altered you will be notified by email, letter or other appropriate medium. If you have any uncertainties about these conditions as they might apply to you or your course or in-house attendance. It is your responsibility to clarify the situation by contacting us before your course or in-house attendance commences.

  11. WAIVER

    The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.

  12. ENTIRE AGREEMENT

    This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

  13. GOVERNING LAW AND JURISDICTION

    This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

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