These Terms and Conditions govern the provision of training, assessment, consultancy, remote learning, NVQs, accreditations, and related services supplied by Paramount Training Limited, trading as TUTS and/or any associated trading entity (hereinafter referred to as the “Company”).
By placing an order, accepting a quotation, issuing a purchase order, confirming a booking, making payment, or allowing delegates to attend training, the Client agrees to be bound by these Terms and Conditions.
1. DEFINITIONS
1.1 In these Terms and Conditions:
1.2 These Terms and Conditions shall apply to all Services supplied by the Company unless otherwise agreed in writing by a Director of the Company.
1.3 Any variation to these Terms and Conditions shall only be binding if agreed in writing by an authorised representative of the Company.
1.4 In the event of conflict between these Terms and Conditions and any Client purchase order or standard terms, these Terms and Conditions shall prevail unless expressly agreed otherwise in writing.
2. CONTRACT FORMATION
2.1 A Contract shall be deemed formed on the earliest of:
2.2 Bookings may be made via telephone, email, website, online portal, or in writing.
2.3 The Company reserves the right to refuse or cancel bookings at its discretion.
2.4 The Client warrants that all information supplied to the Company is accurate, complete, and up to date.
2.5 The Company shall not be liable for delays, certification issues, grant rejections, failed registrations, or additional costs arising from inaccurate or incomplete information supplied by the Client.
3. SERVICES
3.1 The Company shall provide Services using reasonable skill and care.
3.2 The Company reserves the right to:
3.3 Course durations and delivery schedules are estimates only and may vary depending on Delegate numbers, experience levels, participation, testing requirements, weather conditions, site conditions, and operational factors.
3.4 Test times are provisional and subject to change.
3.5 Unless otherwise agreed in writing, Delegates must remain available for the full training and testing day.
4. CLIENT OBLIGATIONS
4.1 The Client shall:
4.2 The Client warrants that any site, plant, machinery, or equipment used during training:
4.3 The Company reserves the right to suspend or cancel Services where facilities, weather, equipment, welfare arrangements, or safety standards are considered unsuitable.
4.4 Where training cannot proceed due to inadequate conditions, unsafe equipment, insufficient facilities, site closure, or Client-related operational failures, the full course fee may remain payable.
5. DELEGATE REQUIREMENTS
5.1 Delegates must:
5.2 The Company reserves the right to remove or exclude any Delegate for:
5.3 No refund shall be payable where a Delegate is removed or excluded under clause 5.2.
5.4 The Client shall remain fully liable for all fees and costs associated with any removed Delegate.
5.5 Delegates are responsible for their own personal belongings. The Company accepts no responsibility for loss, theft, or damage to personal property.
6. REMOTE LEARNING AND E-LEARNING
6.1 Where Services are delivered remotely, the Client and Delegates are responsible for ensuring access to:
6.2 The Company shall not be liable for interruptions, delays, failures, or reduced course quality arising from:
6.3 Delegates attending Remote Learning sessions must:
6.4 Recording, copying, downloading, photographing, reproducing, sharing, livestreaming, or distributing Remote Learning sessions or materials is strictly prohibited without prior written consent.
6.5 The Company reserves the right to terminate Remote Learning access where Delegates fail to comply with these Terms.
7. CERTIFICATION AND ASSESSMENT
7.1 Certificates, cards, qualifications, and accreditations are issued subject to successful completion of the relevant Course, assessment criteria, awarding body requirements, and full payment.
7.2 The Company does not guarantee:
7.3 Delegates remain responsible for operating equipment safely and within the limits of their competence.
7.4 The Company shall not be liable for delays caused by awarding bodies, accreditation organisations, grant bodies, card schemes, or third-party certification providers.
7.5 Where training or assessments are failed, re-training or re-testing fees may apply.
8. CITB, FUNDING, AND GRANTS
8.1 Any grant, funding, or reimbursement information supplied by the Company is provided for guidance only.
8.2 The Company does not guarantee eligibility for any grant, funding, reimbursement, or subsidy.
8.3 The Client is solely responsible for ensuring eligibility and compliance with any grant or funding requirements.
8.4 The Company reserves the right to refuse or withdraw grant administration support where required information is not supplied.
9. PRICES AND PAYMENT
9.1 Unless otherwise stated, all prices are exclusive of VAT.
9.2 VAT shall be charged at the prevailing rate.
9.3 Invoices are payable in full within the agreed payment terms.
9.4 Unless otherwise agreed in writing, payment must be received no later than 28 days prior to the Course commencement date.
9.5 The Company reserves the right to:
where payment has not been received.
9.6 The Company reserves the right to charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations.
9.7 The Client shall reimburse all reasonable recovery costs, legal fees, and collection charges incurred by the Company in recovering unpaid sums.
10. CANCELLATION, POSTPONEMENT, AND NON-ATTENDANCE
10.1 All cancellations or postponements must be submitted in writing.
10.2 Unless otherwise agreed in writing, the following charges shall apply:
10.3 Failure of Delegates to attend shall be treated as a cancellation and charged in full.
10.4 The Company reserves the right to charge for cancelled site visits, assessments, NVQ visits, or failed access arrangements.
10.5 Once a Delegate is registered, inducted, enrolled, or deemed “on programme”, no refund shall be payable.
10.6 The Company reserves the right to postpone, reschedule, substitute venues, or alter delivery arrangements where reasonably necessary.
10.7 Where the Company cancels a Course, the Company’s liability shall be limited to refunding fees paid for the cancelled Services.
10.8 The Company shall not be liable for any indirect costs incurred by the Client, including travel, accommodation, loss of earnings, downtime, or consequential losses.
11. HEALTH AND SAFETY
11.1 Delegates and Clients must comply with all health and safety legislation and Company safety rules.
11.2 The Company reserves the right to stop training immediately where unsafe conditions arise.
11.3 Consumption of alcohol, illegal drugs, or misuse of prescription medication during training is prohibited.
11.4 Delegates must disclose any medical condition, injury, disability, or medication which may affect safe participation.
11.5 The Company reserves the right to refuse participation where it reasonably believes safety may be compromised.
12. INTELLECTUAL PROPERTY
12.1 All training materials, presentations, documents, manuals, videos, recordings, assessments, and learning content remain the intellectual property of the Company.
12.2 The Client and Delegates shall not:
without prior written consent.
12.3 The Client shall not use Company materials to provide competing training services.
13. DATA PROTECTION
13.1 The Company shall process personal data in accordance with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.
13.2 Personal data may be shared with awarding bodies, accreditation organisations, regulators, funding bodies, insurers, or authorities where necessary for the provision of Services.
13.3 The Client warrants that it has lawful authority to provide Delegate personal data to the Company.
13.4 The Company’s Privacy Policy shall apply in conjunction with these Terms and Conditions.
14. LIABILITY
14.1 Nothing in these Terms shall exclude or limit liability for:
14.2 Subject to clause 14.1, the Company’s total aggregate liability arising out of or in connection with the Services shall not exceed the total fees paid by the Client for the relevant Services.
14.3 Subject to clause 14.1, the Company shall not be liable for:
14.4 The Company accepts no responsibility for how Delegates apply any training following completion of Services.
14.5 The Client shall indemnify the Company against claims arising from:
15. NON-SOLICITATION
15.1 The Client shall not directly or indirectly solicit, employ, engage, or contract with any trainer, assessor, consultant, or contractor introduced by the Company for a period of 12 months following provision of Services without prior written consent.
16. FORCE MAJEURE
16.1 The Company shall not be liable for delay, interruption, or failure to perform obligations due to circumstances beyond its reasonable control including but not limited to:
16.2 Where such circumstances arise, the Company may suspend, postpone, reschedule, or cancel Services without liability.
17. CONSUMER RIGHTS
17.1 Where the Client is acting as a consumer, nothing within these Terms shall affect statutory rights under applicable consumer legislation including the Consumer Rights Act 2015.
17.2 Where Services are purchased by a consumer at distance (including online or telephone bookings), cancellation rights may apply in accordance with applicable consumer legislation.
17.3 By requesting Services commence within any statutory cooling-off period, the consumer acknowledges that cancellation rights may be reduced or lost once Services have commenced.
18. GENERAL
18.1 No waiver by the Company of any breach shall constitute a waiver of any subsequent breach.
18.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.3 These Terms constitute the entire agreement between the parties and supersede all previous agreements, understandings, representations, or communications.
18.4 The Client may not assign or transfer any rights under these Terms without prior written consent.
18.5 The Company may subcontract or assign performance of the Services.
18.6 Notices under these Terms shall be deemed validly served if sent by email or post to the last known address of the receiving party.
18.7 These Terms and any dispute arising under them shall be governed by the laws of England and Wales.
18.8 The parties submit to the exclusive jurisdiction of the courts of England and Wales.
19. CONTACT DETAILS
TUTS, Lamport Close, Kettering Venture Park, Kettering, Northamptonshire, NN15 6XY
Company Number: 16303344
Email: [email protected]
Tel: 015336 698033
Website: www.tutsuk.co.uk
END OF TERMS AND CONDITIONS
