By booking a place on any MDR Training (UK) Limited training course/workshop/assessment, you agree to be bound by these Terms & Conditions.
1. In these terms & conditions:-
“MDR” means MDR Training (UK) Limited.
“Customer” means the person who accepts a quotation from MDR for the supply of training and/or assessment services.
“Agreement” means the agreement between the Customer and MDR which is subject to any specific terms and conditions provided for and the terms and conditions set out in this schedule.
Trainer and/or Assessor Selection
2. Selection of a trainer and/or assessor shall be at the discretion of MDR. Every effort will be made to maintain continuity, but it may be necessary to change the trainer and/or assessor during the period of training/assessment.
3. At time of booking the customer will be expected to pay a deposit or the full amount to secure their place on the training course
3a. If a booking is made more that 30 days before the course is scheduled then a 50% deposit is expected to guarantee a place/places
3b. If a booking is made within 30 days of the course commencement then full payment will be expected to secure a place/places
Cancellation of Agreement
3. This Agreement may be terminated by either party by giving to the other written notice, subject to the conditions detailed at paragraphs 4 to 6 inclusive of this schedule.
4. If the Customer terminates the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.
5. If the Customer terminates this Agreement between 21 days and 15 days before the commencement of training and/or assessment, MDR shall be entitled to make a cancellation charge equal to 40% of the full Agreement fee.
6. If the Customer terminates this Agreement within 15 days before the commencement of training and/or assessment, or after the training and/or assessment has commenced, MDR shall be entitled to make a cancellation charge equal to the full Agreement fee.
7. If the customer pays via credit/debit card or though the Company website and subsequently cancels the Agreement a payment processing charge of 3% will be deducted from the invoice. This is to cover any charges which have been made to the Company at the time of booking.
Postponement of Agreement
7. This Agreement may be postponed by either party giving to the other written notice, subject to the conditions detailed at paragraphs 8 to 10 inclusive of this schedule.
8. If the Customer requests a postponement of the Agreement more than 21 days before the commencement of training and/or assessment, there will be no charge to the customer.
9. If the Customer requests a postponement of the Agreement within 21 days before the commencement of training and/or assessment, MDR shall be entitled to make a postponement charge equal to 20% of the full Agreement fee – providing a firm booking is made within 7 days of the postponement.
11a. Account Customers
MDR will invoice in full on completion of an event and payment shall be made to MDR within 30 days from the date of the invoice. Certificates issued by an Awarding Body will not be applied for/issued until full payment is received. If the Agreement is cancelled or postponed MDR will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to MDR within 30 days from the date of the invoice.
11b. Private individuals / Non Account Customers
MDR will require full payment before an event is due to commence. Until full payment has been received any place(s) on an event may be offered to other customers. If the Agreement is cancelled or postponed MDR will invoice in accordance with sections 3-10 of these Terms and Conditions and payment shall be made to MDR within 30 days from the date of the invoice.
12. All fees under this Agreement unless otherwise stated, are exclusive of VAT and other duties or taxes and are payable in addition to such fees.
Data Protection/Fair Processing
13. As a training company, The Company processes personal data in relation to its own staff, individual client contacts and trainers. We abide by the principles of the Data Protection Act 1998. We will not disclose any personal information without your permission unless we are legally entitled or obliged to do so (for example, if required to do so by Court order or for the purposes of prevention of fraud or other crime).
Health & Safety
14. The parties to this Agreement shall ensure that all necessary steps are taken for securing the health, safety and welfare of all persons engaged in the operation of this Agreement, to the same extent and in the same manner as an employer is required to do in relation to his, her or it’s employees under the Health and Safety at Work Act 1974 or any subsequent Act, Acts or enactments replacing the same or any other relevant legislation for the time, being in force in Great Britain.
15. MDR shall not be liable for any accident, loss or damage whatsoever or to whomsoever caused by any act, default or omission by its employees. The Customer shall indemnify MDR against any payments which MDR may be required to make in respect of any claim arising out of any such accident, loss and/or damage for which MDR is not liable.
16. MDR shall indemnify the Customer against any liability of the Customer to third parties arising from accidental death of or bodily injury to or illness or disease contracted by any person or accidental loss of or damage to any property, where such death, injury, illness, disease, loss or damage was caused or contributed to by the negligence of MDR, its employees or agents, provided that in a case where such death, injury, illness, disease, loss or damage was contributed to by the negligence of MDR, its employees or agents, the indemnity shall be limited to the extent of such contribution.
17. MDR shall not be liable for any direct or consequential loss caused by the delay or cancellation of training and/or assessment due to adverse weather conditions, industrial action, fire, explosions, illness of or accident to any person, or any other cause beyond the control of MDR, provided that in the event of such cancellations of training and/or assessment the agreed training fee shall be reduced on a proportionate basis.
18. Unless MDR notifies the Customer otherwise, all documents and information received by the Customer during or in connection with the performance of this Agreement from MDR, shall be held in confidence. Such documents and information shall not be disclosed by the Customer, his or her staff, or agents, to any other person without the prior written consent of STC unless a duty to disclose to that person is imposed under stature or by court order.
19. The copyright, intellectual property and design rights in any materials produced in the performance of this Agreement shall remain vested with MDR. Such materials shall not be copied or reproduced without prior written consent of MDR.
20. The Customer shall make available all facilities, materials, equipment and protective clothing necessary for the training and/or assessment, unless STC has specifically agreed to provide them.
21. The terms of this Agreement may only be varied by agreement in writing between persons duly authorised by the parties.