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1
Terms and References
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| 1.1
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The
"Company" refers to Havard Associates Ltd or an individual representing
the concerns of Havard Associates Ltd. |
| 1.2
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The
"Customer" refers to the company or an individual representing the concerns
of a company that commissions Havard Associates Ltd to perform a service. |
| 1.3 |
"Confirmed
Booking" refers to written confirmation of work from the Customer detailing
services required, dates that services are required and agreed price. |
| 1.4 |
"Working
Days" are defined as Monday to Friday, excluding UK public holidays. The
duration of each day is defined as a maximum of 8 working hours including
a minimum of 1 hour of breaks. When the service provided by the Customer
is defined in the Confirmed Booking as a training course, the duration of
each day will be determined by the particular course and therefore may be
less than 8-hours in duration. |
| 1.5 |
The
"Instructor" refers to an employee of or contractor to the Company supplied
to provide Training Services to the Customer as detailed in the Confirmed
Booking. |
| 2
Cancellations |
| 2.1
|
Confirmed
Bookings cancelled by the Customer within 10 full working days of commencement
of work will be charged to the Customer at the full rate agreed when the
booking was accepted. |
| 2.2
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Confirmed
Bookings cancelled by the Customer in excess of 10 full working days will
carry no charge. |
| 2.3 |
Confirmed
Bookings cancelled by the Company will carry no penalty if the Customer
is notified a minimum of 10 full working days prior to the commencement
of work. |
| 2.4
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When
a Confirmed Booking cancelled by the Company is notified to the Customer
within 10 full working days, the Company will bear the cost differential
between the daily rate agreed when the Confirmed Booking was accepted and
the rate a replacement contractor charges to the Customer. The liability
of this will be limited to £50 per day. No other liability will be accepted.
|
| 3
Payment |
| 3.1
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All
work will be invoiced during the first 5 days of work unless alternative
arrangements have been agreed. Payment in full will be due within 30 calendar
days of invoice date. All fees are subject to VAT at the current UK rate. |
| 3.2
|
Payment
not received within the stated terms of an invoice will immediately accrue
daily interest charges on the outstanding balance at 2% above Lloyds TSB
plc base rate. All such debts will automatically be passed to Dun & Bradstreet
Collection Services. Please be informed that Dun & Bradstreet Collection
Services report non-payment of invoices to a debt-reporting agency, which
may harm your company's credit rating. Continued non-payment may result
in legal action or the issue of a winding-up order. |
| 4
Travel |
| 4.1
|
Any
expenses incurred to travel to the place of work will be charged to the
Customer. Havard Associates Ltd Registered in England No. 3967947 Registered
office as above. |
| 4.2 |
When
travelling to the place of work by car, expenses will be charged to the
Customer on a per mile basis and include any parking fees incurred. |
| 5
Hotel |
| 5.1
|
All
hotel accommodation and expenses incurred that directly relate to the contracted
work will be charged to the Customer. Where possible, charges will be agreed
and documented in the Confirmed Booking prior to commencement of work and
receipts will be provided when available. |
| 6
Courseware |
| 6.1
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The
Company owns all rights and interest in trade names, service marks, patents,
and knowledge relating to the design, function and content of the Company's
courseware materials. This agreement does not constitute a license to the
Customer to use the Company's trade names or service marks. |
| 6.2 |
The Company's Courseware is licensed to the customer on a per unit basis
and cannot be duplicated either in part or in full without the prior written
consent of the Company. Copyright of the Company's Courseware remains the
sole property of the Company and as such all copies of the Courseware must
display the Company's copyright at all times. |
| 6.3 |
Under
no circumstances can the Customer make an electronic duplicate of the Courseware
either in part or in full for any reason, this includes but is not limited
to: copying the disk to the hard drive of a computer, taking a copy to floppy
disk, CD, optical disk or ZIP disk. If a master copy is printed for the
purpose of duplication where a limited licence has been purchased, the master
must be returned to the Company within 5 working days or form one of the
limited licence copies. |
| 7
Consultancy |
| 7.1 |
All
consultancy is provided in good faith; no liability will be accepted for
misinformation provided to the Customer or work not completed within the
quoted timescales. Likewise, no liability can be accepted for events arising
outside the Company's control, e.g. software bugs, incorrect product documentation. |
| 7.2
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Work
carried out in excess of the Working Day will be charged at an hourly rate
of £100 plus VAT or shall form part of an additional days consultancy. |
| 7.3 |
Payment
remains due in full in the event than any problems or work remain outstanding
after the consultancy contract is completed. |
| 8
Miscellaneous |
| 8.1 |
The Company shall supply an Instructor to perform Training Services
on its behalf in accordance with these Terms and Conditions. The identity
of the Instructor shall be agreed between the parties prior to commencement
of Training Services. The Company reserves the right to change or replace
the Instructor. |
| 8.2
|
This
agreement sets forth the entire agreement and understanding between the
parties and merges all prior discussion between them. This agreement may
not be modified except by written consent of both parties. The Company reserves
the right to change any of the Terms and Conditions of Business at any time.
Notice of changes will be provided in writing. |
| 8.3
|
If any provision of this agreement is held to be invalid by a court of competent
jurisdiction, then the remaining provisions shall nevertheless remain in
full force and effect. The Company and the Customer agree to renegotiate
in good faith any term held invalid and to be bound by mutually agreed substitute
provision. |
| 8.4 |
This
agreement is a commercial agreement between businesses, not a consumer agreement.
The Customer has no authority, apparent or otherwise, to contract for or
on behalf of the Company, or in any other way legally bind the Company in
any fashion, nor shall the Customer be authorised to make any representations
about the Company or its services other than to set forth the Company responsibilities
as outlined in this agreement. |
