Culturewise Ltd Standard Terms and Conditions of Business for Training Services

  1. Definitions

The following terms shall have the following meanings: –

‘The Company’ = Culturewise Limited, 2 Stephen Street, London, W1T 1AN, UK

‘Training Services’ = Any service supplied by the Company, including training courses, workshops, seminars, briefings, and coaching.

‘Client’ = Any person, entity or company to whom the Company supplies Training Services.

  1. Application
    • No conditions other than those set out herein, nor any variation thereof, shall be binding on the Company, unless otherwise specifically agreed in writing by a Director of the Company.
    • These Conditions shall be incorporated in every offer, acceptance and contract for Training Services by the Company subject to the foregoing any conditions proposed by the Client are hereby excluded.
  2. Acceptance
    • Any written quotation or prices for Training Services will remain open for acceptance for 90 days unless otherwise specified from the date of despatch and thereafter will lapse unless otherwise stated in writing.
    • The Company will not be bound by any oral quotation.
  3. Prices and quotations
    • Prices and quotations are applicable to training delivered in the UK only, unless otherwise specified in writing.
    • All prices exclude VAT and trainer travel expenses, which are charged where applicable.
    • Prices are applicable when Training Services are delivered at the Client’s premises, or at premises arranged and paid for by the Client.
    • Training Services delivered in other premises or locations may incur additional accommodation, travel, subsistence, room-hire and other costs. All such expenses are charged to the Client at cost.
    • Unless otherwise stated prices for Training Services include workshop delivery, workshop materials for up to15 delegates and evaluation feedback to client.
    • Prices may change at any time without notice. However, a full guaranteed quote will be provided to Clients prior to Training Services being confirmed.
  4. Payment
    • We render invoices prior to the commencement of Training Services calculated at the charge rate agreed together with agreed trainer travel expenses. Full payment of each invoice is required no later than 30 days from the date of issue. We reserve the right to charge interest at a rate of 2% per month on invoices not settled within this period.
  5. Cancellation of Training Services
    • Cancellations made by the Client prior to the commencement of any Training Services will be charged as follows: 7 days’ notice or less – 100% of fees, 8 to 14 days’ notice – 50% of fees, more than 14 days – no charge (subject to section 6.3 below).
    • Cancellations of Training Services must be made in writing. Proof of sending will not be accepted as proof of receipt.
    • Trainer travel expenses are charged to the Client at cost. Where non-refundable (or partially refundable) travel arrangements for trainers, such flights, hotels, car rental, etc. have been made in respect of Training Services booked in writing by Clients, these travel arrangements will be charged to Clients in full in case of Cancellation of Training Services. These travel arrangement charges apply regardless of when the Cancellation of Training Services takes place.
    • The Company reserves the right to cancel or reschedule any Training Services. The Company will inform customers of any such changes as soon as is reasonably possible and, where requested, will refund Clients in full any amounts received or apply all monies received to alternative Training Services.
    • Cancellation or changes to workshops by the Company will give rise to no obligation or liability other than the return of monies paid or the application of monies to alternative Training Services.
  6. Confidentiality
    • All documentation made available by the Client during provision of the Training Services shall remain the property of the Client and shall be treated as confidential, and shall not be disclosed to any third party.
    • The Company agrees not to generate or cause to be generated any publicity regarding the Company’s relationship with the Client unless the content of such publicity has been mutually agreed.
  1. Content and copyright
    • Where notes, documentation or training materials are provided by the Company these are copyright to the Company unless otherwise specified in writing.
    • No part of the Company’s copyright materials may be reproduced, distributed, stored in a retrieval system, or transmitted by the Client in any form or by any means, electronic, mechanical or otherwise without the prior written permission of the Company.
    • The Client may not rent, lend, sell on or lease the Company’s copyright materials to any other person, organisation or entity.
  2. Warranty and liability
    • Clients accept that it is their responsibility to verify that Training Services are suitable for the persons nominated and that each person has sufficient competence to achieve the objectives of Training Services.
    • Views expressed by the Company’s trainers, facilitators, coaches and other persons involved in the delivery of Training Services are their own. The Company accepts no liability for advice given or views expressed in any oral presentation provided to Clients. Neither will the Company be liable for any indirect, special or consequential loss however arising.
    • The Company’s notes, documentation or training materials used in its Training Services are, to the best of our knowledge, based on accurate and up-to-date sources. However, any notes, documentation or training materials are provided without warranties of any kind, either express or implied. The Company makes no warranty as to the accuracy, reliability or content of any information, service or products contained in any notes, documentation or training materials. In no event will the Company or any person or entity involved in creating, producing or distributing this information be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of any information contained in any notes, documentation or training materials.
    • The Company warrants that its notes, documentation or training materials do not and will not infringe third party intellectual property rights and that no other third-party rights exist that prevent or restrict any notes, documentation or training materials being supplied to or used by the Client.
  3. Sub-contractors
    • The Client recognises and agrees that the Company may use sub-contractors for some or all the Training Services provided. Notwithstanding the fact that the Company may use sub-contractors for Training Services to be performed under these Terms and Conditions, the Company shall remain completely responsible for all actions of such sub-contractors relative to the Training Services which are the subject of this agreement.
  4. Use of Company Personnel
    • The Client agrees that he will not use the services of any Relevant Person directly and other than via the Company. If any Client or associated entity uses the services of a Relevant Person other than pursuant to a contract with the Company, the Client shall forthwith pay to the Company; A) Where the Relevant Person becomes an employee of such Client or associate, a sum equal to 17.5% of the gross annual remuneration of such Relevant Person or a sum of £6,000, whichever shall be the higher; B) In any other case, the sum of £6,000 (exclusive of VAT).
    • For the purposes of this clause, ‘Relevant Person’ means any trainer, facilitator, coach or manager or other person who shall have been engaged either as an employee or independent contractor by the Company and who shall have provided services for such Client directly or indirectly through the Company within 12 months preceding the use of their services by the Client or associated entity as aforesaid.
  5. Jurisdiction
    • These conditions shall be interpreted in accordance with English law and the Company and the Client irrevocably submit to the non-exclusive jurisdiction of the English Courts.
    • Breach of any clause or clauses in these Terms and Conditions will not void or annul the Terms and Conditions as a whole in any circumstances.

Culturewise Limited

2 Stephen Street, London, W1T 1AN, UK

Phone: +44 (0) 20 7387 5521

Registered in England 3980076

VAT number GB773819391