EM Training Solutions Ltd-TESTING & Training SERVICES -TERMS AND CONDITIONS
1. Parties 1.1. These Terms & Conditions shall be binding on any person or company, partnership or business purchasing goods or services from, or arranging bookings with, EMT on any of its websites (called hereafter " the Customer") 2. Definitions 2.1. "You", "your" or "Customer" are references to "the Customer" and includes the individual, firm or company described in this Agreement. 2.2. "We", "us" and "our" are references to EM Training Solutions Ltd(EMT). 2.3. EM Training Solutions Ltd(EMT).. includes its successors and assigns. 2.4. "Attendees" means those persons notified by the Customer to EM Training Solutions Ltd(EMT).who will attend the location to receive the services. 2.5. "Cancellation Charges" means the cancellation charge to be paid by the Customer to EM Training Solutions Ltd(EMT).. 2.6. "Course Date" means the date agreed between EM Training Solutions Ltd(EMT).and the Customer. 2.7. "Confidential Information" means all information in respect of the business of EM Training Solutions Ltd(EMT). including any know-how, and any information marked confidential or which are, by their nature, clearly confidential and any other information which, if disclosed, will be liable to cause harm to Construction Support Line. 2.8. "Customer" means the party that contracts with EM Training Solutions Ltd(EMT).for the Services. 2.9. The "Agreement" means this Agreement between EM Training Solutions Ltd(EMT) and the Customer comprising these Conditions of Contract, Specification and defined Schedules (if any) and all matters referred to in the Invitation to Tender (if any) 2.10. The "Liaison Officer" means the named individual from EM Training Solutions Ltd(EMT).. and from the Customer who is designated to be available at all working times for the supervision of the services to be carried out under this Agreement and who will be the main contact for the other party. 2.11. "Location" means the place at which the Services will be provided and detailed on the booking form. 2.12. "Payments" means the amounts to be paid by the Customer to EM Training Solutions Ltd(EMT) as course fees for the Services and listed on the booking form as may be varied by EM Training Solutions Ltd(EMT) from time to time. 2.13. "Services" means the services and goods to be provided by EM Training Solutions Ltd(EMT) to the Customer and more particularly as listed on the booking form or otherwise agreed. 2.14. "Working Days" means any day except a Saturday or a Sunday or any public holiday in England and Wales. 2.15. "Booking Form" is the online or paper application form filled out by the Customer, or by us (with Customer approval), to receive our services. 3. Interpretation 3.1. Words importing one gender include all other genders, words importing the singular include the plural and vice versa and any reference to a person includes a reference to a company, authority, board, department or other body. 3.2. A reference to any statute, enactment, order, regulation or other similar instrument as amended from time to time. 3.3. Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of any of the terms and conditions herein. 4. Applicability 4.1. These terms and conditions apply only to persons who have an account with us. 5. Entire Agreement 5.1. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by EMT. (collectively, "the Agreement"), constitutes the entire agreement between EMT and the Customer, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. 6. Effective Date and Validity 6.1. These Terms & Conditions are effective from 7th of May 2016 until further notice. 6.2. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. These Terms & Conditions can only be varied in writing signed by a director or senior manager. 6.3. In the event of one or more of these Terms & Conditions or any part thereof being invalid, illegal or unenforceable in any respect, such term shall be deemed to be severed from the Terms & Conditions and the validity, legality or enforceability of the remaining Terms & Conditions shall not be affected or impaired. 7. Limitation of Liability 7.1. EMT does not exclude its liability (if any) to the Customer for a breach of the its obligations arising under Section 2 Sale and Supply of Goods and Services Act 1982; for personal injury or death resulting from the its negligence; under Section 2(3) Consumer Protection Act 1987; for any matter which it would be illegal to exclude or to attempt to exclude its liability; or for fraud or fraudulent misrepresentation. 7.2. Total liability of EMT to the Customer for any reason and upon any cause of action shall be limited to the amount of any payments and other charges which the Customer has paid to EMT under this Agreement. 7.3. EMT will be under no liability whatsoever for any: 7.3.1. loss of profit (direct or indirect); 7.3.2. loss of revenue, loss of production or loss of business (in each case whether direct or indirect); 7.3.3. loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct or indirect); 7.3.4. loss of data (direct or indirect); 7.3.5. loss of anticipated saving or loss of margin (in each case whether direct or indirect); 7.3.6. liability of you to third parties (whether direct or indirect); or 7.3.7. indirect, special or consequential loss. 7.4. We make no representations or warranties whatsoever as to the accuracy of the information contained on any of our websites. Use of our services, or engaging us by telephone or text, is on the basis that you will not bring any complaint, claim, action or proceeding, or claim any compensation, loss or damage, or take any other step or action involving the need for time input on our behalf or any of our staff in respect of matters outside our control including all steps taken by third parties in processing, transmitting, dealing with or issuing CSCS Cards or Health, Safety and Environment Test Certificates or any other product or service we provide, as well as errors or omissions of any kind made by you, or any person on your behalf. 7.5. Users use our websites on the understanding that they cannot and/or will not claim in relation to any information of any kind contained on any of our websites. 7.6. We expressly disclaim all and any liability for any direct, indirect or consequential loss or damage, financial or otherwise, occasioned by an act or omission, fault or error by you, any third party with which we deal, ourselves or any person working on our behalf, even if such loss was reasonably foreseeable and we have been more than once advised in writing/warned/notified or otherwise put on notice of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of employment or wages, loss of goodwill, and wasted expenditure of any kind. 8. Price Policy 8.1. A price remains valid only for the duration of the day of your visit to EMT or website, or the day on which you telephone our call centre. Our prices for revision materials include postage, packing and handling charges. 9. Payment Policy 9.1. EMT accepts payment by credit/debit cards, bank transfers (BACS), cheques. We require full cleared payment before we book any Health, Safety & Environment test, order CSCS and/or affiliate card, send out revision material, book space for any course and register you for your chosen NVQ/QCF qualification with Construction Skills. 10. Missing Information & Communication 10.1. You cannot claim a refund or cancel a service or product which we were unable to provide because you failed to provide the necessary information, and there was no communication from you for 3 months from the date of placing your order with us. 11. Forfeiture
11.1. Where a Customer, (or another person on the Customer's behalf), has paid for goods and services including, without prejudice to the generality of the foregoing, centre-based tests, scheme cards, revision booklets and/or revision CD's, payment shall be forfeited in full if the Customer, (or another person on the Customer's behalf), shall not be entitled to any refund of payment made if: 11.1.1. It has not been possible for us to contact the Customer or a contact person nominated or appointed by the Customer within a period of 3 months from the date of payment; and/or 11.1.2. We endeavour to contact the Customer by sending 3 or more emails or other recorded messages to the Customer or a contact person nominated or appointed by the Customer, and the Customer or a contact person nominated or appointed by the Customer fails to respond to us within 14 days of the last email or other recorded message left by us; and/or 11.1.3. The Customer or a contact person nominated or appointed by the Customer fails to inform us of any change of the Customer's or the contact person's postal address, email address or phone number and we are unable to contact the Customer or contact person as a result 11.2. In the event of forfeiture as stated above, the Customer agrees that any payment shall be forfeited or lost, and the Customer shall not be entitled to any repayment, refund or credit and we shall be entitled to retain the payment in full. 11.3. The Customer agrees and consents as follows: where a contact person has been nominated or appointed by the Customer, we shall be entitled to contact that person, using contact details provided, in respect of all matters we would otherwise contact the Customer in respect of (including without prejudice to the generality of the foregoing all orders), purchases, confirmations, enquiries, products, services and test bookings and we shall be entitled to rely on any decision order instructions mandate by that person as if that person was the Customer. 12. Subject to Availability 12.1. Certain services (eg Health, Safety & Environment Test booking, training, courses) are provided on a 'subject to availability' basis. Although we check availability frequently, there are certain components of the service which we are unable to offer an instant confirmation. 12.2. We will, however, issue you with a confirmation email and/or a customer support advisor will contact you within 48 working hours from the time that the service was requested. If the service is unavailable for the date requested, we will inform you about the nearest date and time that is available. 13. Trade Mark and Legal Statement
16. VAT 16.1. All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes. 16.2. Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums and shall become payable by the Customer at the same time as the payments. 17. Intellectual Property Rights 17.1. All copyright and other intellectual property rights in all specifications, drawing, illustrations, diagrams, course literature and other documents issued by EMT will remain the property of EMT and may not be reproduced without permission. 17.2. Customers will and shall procure that Attendees will keep confidential any and all confidential information that it may acquire and shall not use any confidential information for any purpose other than the purpose intended by its disclosure by EMT and as notified to the Customer and/or the Attendee by EMT on disclosure. 17.3. The obligations set out above will not apply to any information which is publicly available or becomes publicly available through no act or omission of the Customer or Attendee, or of which disclosure is required by order of a court or regulatory body of competent jurisdiction, and then only to the extent required to be disclosed. 17.4. No announcement, press release, circular, marketing or other promotion in connection with EMT shall be made by or on behalf of the Customer without EMT's written consent except if and to the extent required by law or by any governmental or regulatory authority. 18. Force Majeure 18.1. Neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure. 18.2. For the purpose of this agreement, "Force Majeure" means any act, omission, cause of circumstance beyond the reasonable control of either party and shall include but not be limited to war, rebellion, civil commotion, strikes, lock outs, industrial disputes, fire, explosion, earthquake, volcanic eruption, act of God, flood, drought or other act or order of any government department, council or other constituted body.
19. General Terms and Conditions 19.1. These terms expressly exclude any rights afforded any third party pursuant to the Contract (Rights of Third Parties) Act 1999. 19.2. We reserve the right to revise EMt's Terms & Conditions at any time. New Terms & Conditions will apply only to sales and contracts after the new rules come into effect. The Terms & Conditions on our website at the time you placed your order will be the Terms & Conditions which apply to you. 20. Law & Jurisdiction 20.1. These terms and conditions and any non-contractual obligations arising out of or in connection with them shall be governed in all respects by the law of England. The parties agree that the courts of England shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the Contract (including in relation to any non-contractual obligations). 21. Ways of Contact: 21.1. EMT, postal address: EM Training Solutions Ltd 227-229 Gascoigne Road,Barking,IG11 7LN 21.2. Fax: +44 (0) 2085073705 21.3. Phone Lines: Main Line: +44 (0) 2085073705
Customer Relations Team: +44 (0) 2035892154 21.4. Support Ticket: http://www.emtrainingsolutions.co.uk/contact-us/ 21.5. Live Chat on http://www.emtrainingsolutions.com/ (subject to availability) 22. CSCS Card Application 22.1. Payment Policy 22.1.1. We require full cleared payment before applying for Fixed term CSCS & Affiliates cards or dispatching any products to you. 22.2. Refund Policy 22.2.1. Our CSCS card application assistance service is not a refundable service. Once you have booked this service you will not be entitled to cancel it and will not be able to secure a refund or to claim for any loss or damage of any kind financial or otherwise. 23. CSCS Health, Safety & Awareness Test 23.1. Payment Policy 23.1.1. We require full cleared payment before any Health, Safety & Awareness Test will be booked. 23.2. Reschedule Policy 23.2.1. If you wish to reschedule your test you must do this at least 4 complete working days before your scheduled test date and time. 23.2.2. Further, you must contact us on a working day. The following is not a working day: weekends (Saturday and Sunday) and Bank Holidays. 23.2.3. If you fail to contact us as set out above you will be obliged to pay the full charge including any booking fee and our admin charge. 23.2.4. When contacting us, please have to hand the following information: 126.96.36.199. Confirmation Reference Number 188.8.131.52. The name and surname of the person booked for the test 23.3. Cancellation Policy 23.3.1. Your Right to Cancel 184.108.40.206. If you cancel your test without giving 4 clear working days' notice, no refund is payable. 220.127.116.11. A refund will be paid for cancellations outside of the 4 clear working days' notice period made via post, support ticket or fax, but will incur a £25 administration fee. 18.104.22.168. Refunds will be made by credit/debit card refund or by cheque and will be made within 14 days of receipt of valid request. 22.214.171.124. If you wish to cancel your test, you need to contact us via post, support tickets or fax. 23.3.2. EMT right to cancel 126.96.36.199. EMT reserves the right to cancel (including cancellation on the day of the test) if the Test Centre experiences a problem outside their control (including but not limited to electricity failure, security alert) and in such circumstances you will be offered an alternative test date. 188.8.131.52. In addition, EMT. may terminate this Contract (without liability to you) if you are in material breach of any of any of these conditions. 23.4. Refund Policy 23.4.1. If at the time you contact us, we have not yet booked your test, you will get a full refund. 23.4.2. If you contact us after booking confirmation was sent to you (by email or sms or text), you will not be entitled to full refund and our cancellation policy will apply. 23.4.3. All refund requests have to be submitted in writing and sent by post, fax or support tickets. 23.4.4. EMT will not be held responsible for expenses incurred beyond the cost of the services that it provides, including but not limited to travel expense and lost wages on the day of the test. 23.5. Test Admission Policy 23.5.1. It is your responsibility to ensure that you arrive at the Test Centre Location 15 minutes before the test time. 23.5.2. EMT will accept no responsibility if you arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance. 23.6. ID Requirements 23.6.1. You are required to bring to the Test Centre, one form of identification listed below, containing a photograph and signature: 184.108.40.206. A current (not expired), original signed passport 220.127.116.11. A current (not expired), original signed UK Photo Driving Licence 23.6.2. If you do not have one of these you will need two items of ID, one from List A and one from List B below: 18.104.22.168. List A 22.214.171.124.1. Non UK Driving Licence 126.96.36.199.2. Work ID Card 188.8.131.52.3. EU Country ID Card 184.108.40.206.4. CITB-ConstructionSkills Scheme Card 220.127.116.11.5. Citizen Card 18.104.22.168.6. British Armed Forces Card 22.214.171.124.7. Student ID Card 126.96.36.199.8. Trade Union Card 188.8.131.52.9. Proof of Age Card 184.108.40.206.10. Young Scots Card 220.127.116.11. List B 18.104.22.168.1. Credit Card 22.214.171.124.2. Debit Card 126.96.36.199.3. Paper Driving Licence 188.8.131.52.4. National Insurance Card 184.108.40.206.5. B79 Notification of Discharge Letter 220.127.116.11.6. Bank Statement (must include surname and home address and must not be older than 3 months, the address on the statement must match the booking address) 18.104.22.168.7. Building Society Passbook (address must match the booking address) 22.214.171.124.8. Cheque Guarantee Card 126.96.36.199.9. UK Travel Document 188.8.131.52.10. Inland Revenue Card 23.6.3. If you do not have any of the primary IDs or cannot match IDs from list A and B, you will be sent a Waiver Form which needs to be filled in strictly following the guidelines on the waiver form. 184.108.40.206. You must bring the correct completed Waiver Form to the test (no photocopies accepted). You also need two additional forms of ID to support the waiver form: 220.127.116.11.1. Recent utility bill (less than 3 months old) 18.104.22.168.2. Bank statement (less than 3 months old) 22.214.171.124.3. Credit/Debit card 126.96.36.199.4. Building Society Passbook 188.8.131.52.5. National Insurance card/addressed payslip or official HMRC letter including NI number 184.108.40.206.6. Inland Revenue Card 220.127.116.11.7. Valid CITB scheme card such as a CSCS 18.104.22.168.8. Valid HM forces military ID card 22.214.171.124.9. Paper driving licence 126.96.36.199.10. EU country ID card 188.8.131.52.11. Student ID card (with candidate photograph, initial and surname, year and institution of study) 184.108.40.206.12. B79 Prisoners Notification of Discharge letter 220.127.116.11.13. Young Scots card 18.104.22.168. EMT does not take responsibly if the waiver form has been filled incorrectly and the access to the test has been denied by a test centre employee. 22.214.171.124. EMT does not take responsibility if the Waiver Form is not supported by the additional forms of ID's as per list. 23.6.4. Photocopies of ID will not be accepted. 23.6.5. If you do not have any of the above, please phone 0203 5892154 for more details. 23.6.6. Please note that your photograph will be taken at the Test Centre. 23.6.7. If you do not bring suitable ID you will not be allowed to take the test. 23.6.8. If you are under 16 years old and wish to sit the Health, Safety & Environmental Test(CSCS), you are allowed to do so if you present the correctly filled Parental Consent Form. 126.96.36.199. You need to be accompanied by adult to be allowed to sit the test (please refer to the instructions on the Parental Consent Form). 188.8.131.52. EMT does not take responsibility if the Parental Consent Form has been filled incorrectly or if you were not accompanied by an appropriate adult (as per instructions) and you were not allowed to sit the test. 184.108.40.206. You have to present an acceptable form of ID along with the Parental Consent Form to be allowed to sit the test. Please refer to 23.6.1 and 23.6.2 of these Terms & Conditions. 220.127.116.11. EMT will not take responsibility if you cannot present the correct ID at the Test Centre meaning you are not allowed to sit the test, and you will forfeit the test fee. 18.104.22.168. If you do not have any photographic ID, you are required to bring an original (not scanned and not photocopied) Under 16 Confirmation of ID Form. 22.214.171.124. Please follow the instructions on the CITB Under 16 confirmation of ID Form, as failure to complete the form correctly will result in not being allowed to sit the test and forfeiting the test fee. 23.7. Booking Fee 23.7.1. The standard Health & Safety test booking fee is £19.50. The test is also subject to an administrative charge of £24.44 which covers the cost of our personal booking service, expert customer support, SMS confirmation as well as other bundled extras. 23.7.2. The standard CSCS card application fee is £24.00 plus an additional £20.83 administrative charge and VAT of £6.00. 23.7.3. The revision book for the test costs £19.00 with the DVD-ROM priced at £22.00. 23.7.4. EMT reserves the right to change these prices at any time. 23.8. Test Procedure 23.8.1. If any of the details on your confirmation letter or email are incorrect you must contact EMT via phone, chat or support tickets. 23.9. Tutorial 23.9.1. It is essential you are familiar with how the test is conducted. After the Test Centre staff have explained the operation to you, you will have the option to conduct a tutorial to see how the test will work and look on screen, so you are familiar with the functionality before you sit your test. 23.9.2. The tutorial is not a practice test, and we strongly recommend you take advantage of this 15 minute tutorial, as once the test has started, it is not possible to interrupt it. 23.10. Conduct 23.10.1. You will not be allowed to bring anybody into the test room with you. 23.10.2. Any items you are carrying (including personal items such as keys, phones, bags, watches and wallets) must be stored in a personal locker provided at the Test Centre. 23.10.3. Please note you must not refer to any document during the test. 23.10.4. All Test Centres have CCTV and all tests are recorded for security and detection or investigation of fraud purposes. CCTV footage is retained securely by the test provider for a period of up to two years. 23.10.5. Any misconduct (by you) during the test will result in your test being stopped, your test result void and your test fee being forfeited. 23.10.6. Candidates guilty of serious misconduct, including cheating, may forfeit their right to take a further test. 23.10.7. In addition CITB-ConstructionSkills reserves the right to revoke a test pass if it reasonably suspects that you have been involved in or are linked to any misconduct, fraud or cheating. 23.10.8. The Test Centre staff will explain how you can attract their attention if you should experience any technical difficulties during your test. 23.10.9. If you are unhappy with the way in which your test has been conducted, you should bring the matter to the attention of the Invigilator or Test Centre Manager. 23.10.10. If you are unable to resolve the matter at the Test Centre, you must contact us by any means within 15 working days of sitting your test. 23.11. Special Assistance 23.11.1. All special assistance such as readers, interpreters and signers must be arranged in advance. 23.11.2. If you have difficulty in reading, all testing stations have headphones which will allow you to hear a voiceover of the Test in English or Welsh. Please notify the Test Centre staff on arrival that you need to use these. The Test Centre staff will explain to you how the test will be conducted. 23.11.3. If you have requested a reader, interpreter or signer, or other special assistance, it will be shown in the 'Accommodations' section on your confirmation letter or email. 23.11.4. If we have arranged special assistance for you and you do not take the test on the date arranged, EMT reserves the right to charge you the cost of such special assistance. You will not be allowed to sit a test until you have paid such charges. 23.12. Responsibility 23.12.1. Candidate does not arrive at the test on time 126.96.36.199. Candidate forgets to take a valid proof of his ID to the test 188.8.131.52. Candidate fails the test 184.108.40.206. Candidate chooses to do the wrong type of test 220.127.116.11. Candidate makes any other form of error in relation to the test or related matters 24. CSCS Revision Material 24.1. Delivery Policy 24.1.1. Your ordered products will be dispatched on the same or next working day after receiving cleared payment. We will dispatch to the address that was provided in the order form at the time of placing your order online or over the phone. Address may be checked in the sales order receipt sent to your e-mail address. 24.1.2. Books or CD-ROMs will be delivered by 1st Class Royal Mail delivery, and subject to the Royal Mail delivery service which will normally be delivered within 3 working days after dispatch date. 24.1.3. Next Day Delivery products will be delivered via Royal Mail Courier Service, and subject to their Next Day Delivery Service which will normally be delivered within 24 hours on working days excluding Saturdays, Sundays and Bank Holidays. For the goods to be delivered Next Day, the order must be placed before 15:30 on the previous working day. 24.1.4. We do not take any responsibility if you order incorrect product(s) from us or provide us with incorrect address information. 24.1.5. Where we use external agents or service providers such as couriers or the Post Office to carry out a service on our behalf, such as next day delivery of products, and that service is not provided as promised or envisaged, we shall bear no responsibility for the failure of service or any consequences thereof, including any financial loss, and the Customer shall not be entitled to cancel the agreement with us or to claim any refund or reduction in respect of payment made by the Customer. 24.2. Return Policy 24.2.1. You have a right to return any book or CD-ROM purchased from us as well as to ask for a full refund of the price actually paid to us, providing you do so within 14 working days of purchase. Note: the period of 14 working day starts on the day we receive your payment. 24.2.2. Books or CD-ROMs must be sent to the company address outlined in Section 21. 24.2.3. We reserve the right to refuse to refund the product price or deduct an appropriate amount from payment to be refunded if: 18.104.22.168. The product returned have been damaged or used 22.214.171.124. If any parts of the training product is missing 126.96.36.199. If the product was used or has any signs that it has been used 188.8.131.52. If CD-ROM has been opened (seal is broken) 184.108.40.206. If the product has been returned or sent back after the 14 working day refund period 25. NVQ On-Site Assessment (As outlined in sent and signed agreement) 25.1. Conditions to prevail 25.1.1. NVQ On-Site Assessment will be delivered in accordance the signed OSAT Agreement between EMT and the Learner. 25.1.2. This document sets out the basis of OSAT agreement. If you/we write anything in a letter, invoice or other communication that contradicts the terms set out there, then these terms will over-rule. 25.2. Cancellation 25.2.1. OSAT Agreement may be terminated by three months' notice in writing given by either party. 25.3. Amendments to the OSAT Agreement 25.3.1. This Agreement can be changed, but only when submitted in writing and agreed by both parties. 25.4. Statutory and Other Requirements 25.4.1. While working under this agreement you will work within the law including but not limited to the Health & Safety at Work Act 1974 and the associated regulations. 25.4.2. You will also follow any advice or instructions that EMT provides. 25.4.3. You will take reasonable precautions to minimise the risk of fire and work within the Regulatory Reform Fire Safety Order. 25.4.4. You will also follow any instructions or advice that EMT provides regarding this. 25.4.5. If you don't abide by the law (either the ones set out here, or any that we might notify you of), we will suspend all training without paying compensation. 25.5. Waivers 25.5.1. If either party does not insist that the rules set out in the agreement are strictly followed, this will not be interpreted as a waiver by them and the agreement will remain in force. 25.6. Whistleblowing 25.6.1. The Customer confirms that the EMT Liaison Officer is authorised as a person to whom the Customer's staff may make a qualifying disclosure under the Public Interest Disclosure Act 1998 and declares that any of its staff making a protected disclosure (as defined by the 1998 Act) shall not be subjected to any detriment. 25.6.2. The Customer further declares that any provision in an agreement purporting to preclude a member of its staff from making a protected disclosure is void. 25.7. Accounts and Payments 25.7.1. Deposit paid on registration for the service is non-refundable and covers learner registration cost by training provider. Deposit fee is charged at £120.00. 25.7.2. If the Customer requires to undergo profiling procedure, he will be charged £50.00, which is non-refundable and covers an assessor visit to the Learner's site. Profiling can also be done via a phone interview, which will provide learner with information on which NVQ will be best fit for his knowledge level and work conditions. 25.7.3. The Customer will pay EMT for training services by Direct Debit on the 1st of each month. 25.7.4. If the Direct Debit payment fails for any given month, EMT reserve the right to charge a fixed fee of £12.00 for each failed instalment. 25.7.5. The certificate shall not be issued to the learner until all payments have been made to EMT. 25.7.6. EMT maintain the right to withhold the certificate until receipt of final payment. 25.8. Liaison Officer 25.8.1. EMT and the Customer will each nominate a named individual to act as Liaison Officer for the Agreement. That person will be the main contact point of all communications between EMT and the Customer. 25.9. Responsibilities of EMT within OSAT Agreement 25.9.1. EMT will provide training and assessment services. 25.9.2. EMT will review and monitor the quality and effectiveness of the training / assessment. 25.9.3. If we request any information from you, you will provide this in a timely manner. If we don't receive this within a reasonable time, we will suspend all services under this contract, or terminate the contract outright. If this happens, there will be no refund of any fees paid, although we will invoice you for any outstanding work that has not been paid for up until the termination of the agreement. 25.10. Responsibilities of the Customer within OSAT Agreement 25.10.1. The Customer will be responsible for: 220.127.116.11. Agreeing the timetable for the requirements for the training packages. 18.104.22.168. Distribution of any pre-course documentation or briefing notes. 22.214.171.124. Maintaining regular contact with EMT ensure the smooth and efficient operation of the training programme and feedback. 25.11. Summary of NVQ OSAT Service 25.11.1. The eventual aim of our service is to qualify the Learners to their chosen NVQ/QCF Level in their respective trade area. This will enable the Learner to apply for a full CSCS card that is renewable every five years with a CSCS Health, Safety & Environment touch screen test pass. 25.11.2. A representative of EMT will carry out: 126.96.36.199. An NVQ/QCF induction as required by QCA and the Awarding Bodies. This session will also include completion of all Registration & Enrolment paperwork. Learners will be given information on NVQs/QCFs and the evidence requirements. 188.8.131.52. Completion of a CITB Skill Match Profiling document, should this be applicable, this is required by CITB for all OSAT Learners. 184.108.40.206. Registration on behalf of the Learner to the NVQ/QCF System. 220.127.116.11. Notification of Learner registration to the appropriate CITB Training Co-ordinator, in order that grant claims may be processed. 18.104.22.168. Supply of a Portfolio to each Learner, these will be retained by EMT until complete, (unless an agreement is reached to the contrary). 22.214.171.124. Evidence completion, all evidence supplied by the Learner and Employer will be placed in the Portfolio and referenced against the Standards. 126.96.36.199. Assistance with gathering the evidence, in the form of site visits to photograph, record Learners and gather other paper evidence. A maximum of 3 visits per Learner. (Relates to standard service). This is additional to the evidence gathering carried out by the Learner and Employer. 188.8.131.52. Supply of evidence information to the Learner and Employer in order that sufficient reliable evidence may be supplied to Construction Support Line. 184.108.40.206. Co-ordination of Assessors, once completion of the Portfolio is achieved. Liaison between the Employer and Assessor, this is crucial to maximise the Assessors' time. 220.127.116.11. Notification of achievement to NVQ/QCF Record Centre in order that certification may take place. 18.104.22.168. Notification of achievement to CITB Training Co-ordinator in order that the Achievement Grant may be claimed. 22.214.171.124. Registration, Enrolment and Achievement Registration fees are accounted for within our fee. 126.96.36.199. Travel costs are included in the fee. Any overnight accommodation will be charged at cost. These costs will be invoiced as incurred. 25.11.3. Notification of a change to an agreed Assessment visit must be made at least 24 Hours prior to the visit. We reserve the right to charge £100.00 for any aborted Assessment visit if notification is not made within this period. 26. Course Booking 26.1. Recitals 26.1.1. The Customer agrees to engage EMT to provide training services on the Terms & Conditions set out in this agreement. By submitting a booking form, the Customer agrees to be bound by these Terms & Conditions. 26.2. Appointment 26.2.1. Provisional booking of the Course bookings are not provided. Your space on the course may be confirmed only after the full payment is received. 26.2.2. The Customer appoints EMT to provide the Services in return for the payments. 26.2.3. EMT. will accept no responsibility if you arrive late or fail to arrive due to adverse weather conditions, failure of transport or any other circumstance. 26.3. Training Obligations 26.3.1. Subject to the Customer's compliance with these standard Terms & Conditions, EMT shall: 188.8.131.52. Use reasonable endeavours to provide the Services at the location on the course date and shall provide the Customer and the attendees with reasonable access to the location for the purpose of booking or attending a course. 184.108.40.206. Exercise reasonable skill, care and diligence in providing the Services. 220.127.116.11. Deliver all Services provided in English. 18.104.22.168. Be permitted to assign or subcontract the whole or any part of the Services without the consent of the Customer. 26.4. Customer Obligations 26.4.1. The Customer shall: 22.214.171.124. Ensure that the agreed attendees attend at the location on the course date to receive the Services. 126.96.36.199. Ensure that the attendees are sufficiently competent to receive the Services. 188.8.131.52. Comply with and shall ensure that when at the location, all attendees comply with all reasonable instructions of Construction Support Line and all applicable laws and policies (as may be notified to the Customer or the attendees from time to time by EMT). 184.108.40.206. Withdraw any attendee from attendance at the location upon the reasonable request of EMT. 220.127.116.11. Pay the payments on the due dates for payment. 18.104.22.168. Pay any applicable cancellation charges. 26.5. Payment Terms 26.5.1. Customers making use of a EMT account shall pay all undisputed invoices within 30 days of receipt without demand, deduction or set-off. 26.5.2. All Customers without a EMT account must pay in full prior to the course date. 26.5.3EMT reserves the right to charge interest on all unpaid invoices at the rate of 5% over the base rate of the Bank of England prevailing at the date the invoice becomes overdue. In respect of payments by the Customer, time shall be the essence of this agreement. 26.5.4. Once the booking has been confirmed you will be legally bound to pay our fee. 26.6. Rescheduling 26.6.1. If you wish to reschedule a course you need to give us 21 days notice. Failure to do this and not attending the course will result in forfeiting the course fee. 26.6.2. If you wish to reschedule the course venue, this may result in additional fees which you will be obliged to cover before we can reschedule the venue. 26.7. Cancellation and Transfer Charges 26.7.1. EMT reserves the right to cancel or alter the course dates or the provision of Services or the location and the individual or the organisation providing the Service or make reasonable variations to the courses without prior notice. In event of cancellation by Construction Support Line, the booking will normally be transferred to the next available Course unless the Customer specifically requests otherwise. 26.7.2. Where the Customer cancels any Services or the attendees fail to attend at the location on the course date to receive the Services the following charges will be paid by the Customer to Construction Support Line: 22.214.171.124. Cancellation and non-attendance: 126.96.36.199.1. If you wish to cancel the course you need to inform us by phone, post, support ticket, fax or live chat as soon as possible. 188.8.131.52.2. The following charges will apply if the Customer cancel their booking/s: 184.108.40.206.2.1. 100% for cancellation made within 4 days of the course date; 220.127.116.11.2.2. 50% for cancellation made between 5 and 20 days of the course date; 18.104.22.168.2.3. Full refund for all transfers made 21 days or greater before the course date. 22.214.171.124.3. If you have submitted a request for the course to be rescheduled and your request was fulfilled, you will not be able to cancel the course afterwards and will not be able to claim the course fee back. You will still be able to reschedule it again for another date if you inform us in advance (please refer to our course rescheduling policy). 126.96.36.199. The following charges will apply if the Customer transfers their booking/s to a later date save that the Customer shall not be required to pay a transfer fee if the transfer is due to cancellation or variation by EMT: 188.8.131.52.1. 100% for transfers made within 4 days of the course date; 184.108.40.206.2. 50% for transfers made between 5 and 20 days of the course date; 220.127.116.11.3. Free of charge for all transfers made 21 days or greater before the course date. 26.7.3. The transfer option only relates to attendees who are transferring to a different date on the same course. The choice of course date must be specified at the time of transfer (otherwise the instruction will be considered a cancellation). The option to transfer can only be used once for each Attendee, after which any transfer will be considered a cancellation. 26.7.4. The Customer may transfer a place on a course for one attendee to a substitute Attendee free of charge. 26.7.5. The Customer may cancel the Services by telephone but such cancellation must be confirmed immediately in writing (by fax, e-mail or post) to the postal or email address or facsimile number notified by EMT.
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