1.1 The terms and conditions of trade of TUTS (UK) Limited and/or the legal trading name of TUTS (UK) Limited [which may differ to that displayed on this website] (hereafter called the ‘Company’) covering the supply of training services are contained herein.
1.2 Orders to the Company for the supply of training services are only accepted subject to these terms and conditions or subsequent terms provided in writing by the company which may supersede these terms.
1.3 No addition to or variation of these conditions will bind the Company unless it is specifically agreed in writing and signed by a Director of the Company.
1.4 These terms and conditions will form the basis of all contracts with the Company, unless otherwise specified by the Company.
1.4.1 The Company accepts orders and enquiries for training through its website(s), by telephone and by email. In placing an order with the Company, the client is deemed to have accepted the terms and conditions as contained herein or provided subsequently which may supersede these terms.
1.4.2 These terms and conditions are available in writing on request and all clients will be informed of these terms and conditions in writing or by email.
1.5 These terms and conditions are correct at the date shown on the relevant course booking documentation and the Company reserves the right to vary them without notice. An updated copy will be supplied to the client if applicable or on request.
1.6 These terms and conditions are applicable to contracts formed with clients and / or individuals engaging the Company (either as agent or principal) in the provision of training services. These terms and conditions do not cover any contract, relationship or engagement with any person, freelance or body employed by the Company or engaged to perform services on behalf of the Company.
1.7 The Company accepts no responsibility for any miss-laid, lost or stolen goods. We advise that any valuables be left at home.
1.8 Late arrival of any candidate may result in the loss of the testing vacancy, in which case no refund can be made.
1.9 Test time are ‘provisional’. In some instances, these times will vary due to factors out of our control. We therefore advise that when candidates are booked in for CPCS testing, that they arrive at the test site for 8am (unless otherwise agreed) and plan to be on site until 5pm.
1.10 Failure of a CPCS theory test will prevent the candidate undertaking any scheduled CPCS practical test, in such a circumstance, no refund can be made.
1.10 The Company do not tolerate any threatening behaviour. We reserve the right to eject candidates from site or call for police assistance if required. No refund will be given for missed training/testing.
1.11 Training day durations are 8am – 4pm as standard, unless otherwise agreed. However, this is determined by the number of candidates on the course, the level/previous knowledge of the candidates and their overall participation in the course.
2. Contract Formation And Right To Cancel
2.1 The Contract Start Date shall be defined as either the day on which the Company accepts payment for training services or when it receives a signed order to supply training services from the client. Whichever date is the earliest shall be defined as the Contract start date.
2.2 All complaints and claims relating to Contracts with the Company must be received in writing and within 14 days of the Contract start date. The Company will respond to all complaints within 30 days of their receipt.
3. Training Course Requirements
3.1 Where the training being provided is other than theoretical or classroom based, delegates must provide, unless previously agreed by the Company, their own training workwear and equipment as is required to undertake the course (PPE). It is the delegates responsibility to ensure they are conversant with what equipment they are personally required to provide and the Company will bear no responsibility for delegates being unable to participate in any training program because of any shortfall or equipment omission.
3.2 Where the training being provided is other than theoretical or classroom based, delegates must be physically capable of withstanding the rigours of training. If there are any doubts relating to this, the Company may refer the delegate to a GP at no cost to the Company. The onus is entirely with the delegate to ensure his or her fitness to undergo training and the Company does not accept any responsibility in this regard.
3.3 Equipment owned by or leased/lent to the client must not be removed from the training environment. Any damage to Company equipment or property caused by delegates will be invoiced to the relevant client.
3.4 Certificates are awarded at the discretion of the Company, and only to those who successfully complete the training satisfactorily. At the discretion of the relevant trainer, delegates that have failed any element of the training may be allowed to complete the training course although this will still result in a failure and the delegate will be required to re-take the entire course and pay the applicable fee. Delegates are required to be punctual at all courses and at all sessions.
3.5 Where training is carried out not on Company premises, all relevant public liability and other insurances must be provided for by the site owner and/or client and the Company does not accept any liability in this regard.
3.6 The client must ensure that training carried out at locations as specified by them has adequate room in which to carry out both the practical and theoretical elements of the training. The Company reserves the right to and will charge 100% of the training fee for sub-standard or inadequate premises and/or equipment. This includes but is not exhaustive to: – inclement weather and where there is no alternative indoor space, in which to carry out the practical training; A designated room with enough space to seat all the delegates; short, dangerous and/or inappropriate training equipment.
3.7 Consumption of alcohol or non-prescription drugs is not permitted during training nor should they be consumed immediately prior to training. The Company will refuse to train any delegates who infringe this condition and will require them to leave Company premises. Where a delegate is undergoing a course of prescribed drugs they should inform the Company of the nature of the drug and any side effects. The Company may then seek assurance that training can be carried out without risk. The decision of the Company in relation to this is final.
3.8 Unless otherwise agreed beforehand in writing, the registration and issuing of certification and/or accreditation will only be recognised and delivered by the Company once payment from the client has been received and paid in full.
3.9 Should a candidate have learning difficulties or require assistance/additional equipment to ensure safe delivery of training or assessment (i.e. seatbelt extensions), it is the responsibility of the Booking Company to address this at the time of booking.
4.1 Unless otherwise stated, all prices are exclusive of VAT, the total price of the training will be invoiced prior to the training date and this will show the VAT payable. VAT will be charged at the rate current at the time of due payment.
4.2 The prices quoted on the Company website are correct at the date of publication. Prices may vary due to demand and availability and the Company reserves the right to adjust prices at any time and without notice.
5. Settlement Terms
5.1 Unless otherwise agreed, payment for all training booked and confirmed by the client must be made 5 days prior to the training course booked taking place. Payment can be made by Debit/Credit Card, BACS, Bank Transfer or by cheque. Credit terms by prior arrangement only.
5.2 If the Company do not receive cleared funds 5 working days prior to the course taking place, your candidates may be rejected from the course or course may be cancelled at our discretion.
5.3 In the instance of an unpaid invoice during your agreed terms. TUTS (UK) Limited have a statutory right under the Late Payment of Commercial Debts Regulations 2013 to add interest and late payment compensation to the sum outstanding.
6. Health and Safety
6.1 Where training is carried out on Company premises, all delegates must conform to and comply with the Health and Safety Policy as laid down by the Company from time to time. Breaches of this policy may result in the delegate being suspended or excluded from the course and premises.
7. Cancellation and Postponement
7.1 The Company reserves the right in its absolute discretion and without further liability to change dates, times and venues or cancel an event; in the case of cancellation all monies will be refunded. The Company’s events are constantly updated and improved, and the Company reserves the right at any time and without notice to alter content and to change trainers or tutors.
7.2 The Company reserves the right to charge a cancellation/postponement fee in respect of contracts that are cancelled or postponed by the client. Unless stated otherwise in any subsequent contract formed prior to the start of the contract, the following refunds will be made in the event of cancellations/postponements prior to course start date:
More than 15 Days – Full refund
8 – 14 Days – 50% refund
1 – 7 Days – no refund
7.3 Any cancellation will need to be made in writing to your Account Manager.
7.4 Should it become necessary for the Company to postpone all or any part of a course or other work due to circumstances beyond their control, a mutually agreeable date will be selected on which to complete the work. The Company will not be liable for any costs incurred by the client for such actions.
7.5 A discretionary administration fee may be enforced for any cancellation/date amendment made with more than 14 working days’ notice of a course taking place.
7.6 If the client moves a candidate onto a later course date (postponed), a new cancellation period does not apply in relation to the new dates. Therefore, should the client wish to cancel the postponed/new course dates, a full cancellation charge will apply.
8. CITB Grant / ATO Approval
8.1 Any CITB grant rates quoted can’t be guaranteed by TUTS (UK) Limited and are subject to review by the CITB, the rates quoted are based on PAYE employment status. These grants can be claimed upon completion & achievement of the booked training/assessment(s) - we will gladly assist in this process if required, please speak to a member of the team should you need any advice.
8.2 We are an approved ATO, which means we can process the Short Duration Training Grant on your behalf. We must have your Company Levy Number, Candidates full name, DOB, NI Number and Registration number at point of booking to ensure we can process this for you. Failing to supply this information at point of booking, may result in us being unable to process the grant on your behalf.
9. OSAT Delivery
9.1 Rates for OSAT NVQ’s are based on 2-3 sites visits, should additional support be required, the Company reserve the right to charge as required for both assessor time and expenses. The Company also reserve the right to charge as appropriate for cancelled NVQ visits.
9.2. If the Company are unable to complete an NVQ for any reason (i.e. due to our assessor being unable to contact a candidate or gain access to site) we reserve the right to charge anything up to the full amount of the NVQ; this is subject to our outlay/number of visits carried out etc.
9.3 If a learner does not attend a site visit or cancels without sufficient notice (sufficient notice is as per our normal cancellation terms) then The Company reserve the right to charge in full. No refunds wil be given.
9.4 As soon as a learner is inducted and are therefore deemed 'on programme' no refunds will be given, should they wish to withdraw.
10. Applicable Law
10.1 No waiver by us or any breach of the Contract by you shall be considered as a waiver or any subsequent breach of the same or any other provision.
10.2 If any provision of these Terms is held by any competent Authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
10.3 Any dispute arising under or in connection with these Terms shall be subject to the Jurisdiction of the English Courts.
The Contract shall be governed by the laws of England.
10.4 These Terms do not affect any consumer rights contained in the Unfair Contract Terms Act 1977 or any statutory modification of them.
11. Force Majeure
11.1 The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services if the delay or failure was due to any cause beyond the Company’s reasonable control.