These are the terms and conditions of Practical Training Solutions Ltd operating from The Bungalow, Dean Oak Lane, Leigh, RH2 8PZ (the “Learning Consultancy”).

These terms and conditions govern any purchase of services from the Learning Consultancy. If you (the “Client”) do not agree with these terms and conditions, please do not purchase any services. 

1. The Services

1.1 The Learning Consultancy provides learning development services to organisations (the “Services”). The Services are delivered either on a bespoke project output basis, or training and coaching (Services) either face to face, virtually, online or over the telephone, as agreed, and will vary in length depending on the agreed output required from the “Learning Consultancy”). The Client shall specify the brief to be covered by the Services, and the Learning Consultancy shall determine the detail and specific output. The Client and the Learning Consultancy shall agree upon the timescales required, and the date on which the Services are to be delivered shall be known as the “Date” under these Terms and Conditions. Any work that is requested by the Client following delivery shall be agreed between the parties on a case by case basis.

1.2 Where the Client wishes to purchase the Services, the Client will be quoted a fee by the Learning Consultancy (the “Fee”). The Client shall be required to pay 50% of the Fee upon agreeing to proceed with the Services (the “Initial Payment”), and the Learning Consultancy  will not begin any work until this has been paid. All Fees are required to be paid to the Learning Consultancy by bank transfer to the account notified to the Client in the invoice.

1.3 The Learning Consultancy will invoice the Client for the remaining 50% of the Fee (the “Balance”) once the Services have been delivered. Such invoice must be paid within 30 days of the date of the invoice. Failure to pay shall entitle the Learning Consultant to charge interest at a rate of 8% per annum above the Bank of England base rate from time to time, accruing daily.

1.4 In the event the Client cancels the Services more than 72 hours prior to the Date, the Client shall forfeit the Initial Payment, but will not be required to pay the Balance.

1.5 In the event the Client cancels the Services 72 hours or less prior to the Date, the Client shall forfeit the Initial Payment and be required to make payment of the Balance, which the Learning Consultancy shall invoice in accordance with clause 1.3, as if the Services took place. In such circumstances, the Client shall be permitted to rearrange the dates during which the Services will be delivered; however, the terms of clauses 1.4 and 1.5 shall apply to any further cancellation on these bookings.

1.6 In the event that the Client has a complaint or issue regarding the Services, the Client shall bring the complaint to the attention of the Learning Consultancy and allow the Learning Consultancy a reasonable period to rectify such issue, before escalating to formal legal action.

1.7 The Learning Consultancy operates a ‘no refund policy’, whereby the Client shall not be permitted to any refund following completion of the Services.

1.8 Where the Client has booked a specific time for the Services, the Client must arrive or attend on time. The Learning Consultancy cannot guarantee that additional time will be provided to allow the Services to be delivered in full, and the Learning Consultancy shall be deemed to have completed their obligations to deliver the Services under this Agreement.

1.9 The Learning Consultancy is responsible for any income tax liability, national insurance or similar contributions relating to payment of the fee and balance.

1.10 The Learning Consultancy will be solely responsible for the payment of all remuneration and benefits due to the employees of the Learning Consultancy, including any National Insurance, income tax and any other form of taxation or social security costs.

2. Intellectual Property, Confidentiality and Data Protection

2.1 The Learning Consultancy shall absolutely and exclusively own all material, ideas, data, documentation and information arising out of the Services (the “Intellectual Property”). The Client is not permitted to copy, reproduce or otherwise replicate the Intellectual Property, and shall at no time be transferred any ownership right in, or licence to use, any of the Intellectual Property for any purpose. This shall not limit the ability of the Client and its employees, officers or agents to make use of the learnings from the Services. If the Client uses any of the Intellectual Property of the Learning Consultancy other than as described in this clause 2.1, the Client shall be in breach of this Agreement, and shall be required to recompense the Learning Consultancy for the value of a licence fee for the Intellectual Property that the Client has been utilising. 

2.2 The Client (including its employees, officers and agents) shall keep confidential all information (“Confidential Information”) provided as part of the Services. The Client may not disclose any information provided in the Services to any third party without the Learning Consultancy’s prior consent, unless required to do so by a court of competent jurisdiction.

2.3 The Learning Consultancy agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Learning Consultancy has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

2.4 All written and oral information and material disclosed or provided by the Client to the Learning Consultancy under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Consultant.

2.5 The parties shall receive and gather personal data as part of the Services. Either party may be a data controller under these terms and conditions from time to time.

2.6 Where a party is a data controller, it shall comply with all applicable controller obligations under the Data Protection Law and shall provide assistance in respect of the other’s compliance with such obligations, in particular in relation to the Personal Data, where reasonable and permitted by Data Protection Law including notification of and consultation and co-operation with the other party over fair processing notices for, and where necessary consents and compliance with rights requests from, data subjects, as well as responses to any actual or suspected personal data breach and any contact with of from any supervisory authorities or regulators.

2.7 When disclosing any Personal Data to the other party, the disclosing party shall ensure that it has compliant fair processing notices, and where necessary consents, in place to enable the lawful transfer to and processing (including any onward transfer) by the other party and the Permitted Recipients of the Personal Data for the Agreed Purposes.

2.8 Under this clause 2.6, the following terms shall be defined as follows:

2.8.1 Agreed Purposes: means the processing necessary for the performance of this Agreement as identified herein;

2.8.2 Controller, data subject, personal data and personal data breach: are as defined in the GDPR (and process and process shall be construed accordingly);

2.8.3 Data Protection Law: means the General Data Protection Regulation (EU) 2016/679 (GDPR), the UK Data Protection Act 2018 (as amended or replaced) and any other applicable data protection or electronic privacy laws, regulations and decisions in force from time to time;

2.8.4 Permitted Recipients: means the Parties to this Agreement and (as necessary) the employees, personnel and advisers of each party and third parties engaged to perform obligations in connection with this Agreement; and

2.8.5 Personal Data: means the personal data to be shared between the Parties as necessary for the performance of this Agreement as identified herein.

3. General

3.1 The Learning Consultancy’s liability shall be limited to the value of the Fee. At no time shall the Learning Consultancy be liable for any indirect, special or consequential loss arising under these terms and conditions. Nothing in this clause 3.1 shall limit the Learning Consultancy’s liability for death or personal injury caused by negligence, or any other loss that may not be excluded by law. 

3.2 The Learning Consultancy has adequate professional indemnity and public liability insurance in place in order to provide the Services.

3.3 Any notices given by either party shall be by email, and time of delivery shall be deemed to be the time of transmission. This shall not apply to the service of legal proceedings.

3.4 These terms and conditions shall come into force from the date the Client engages the Learning Consultancy to provide the Services and shall continue and govern any and all provision of the Services by the Learning Consultancy to the Client from time to time. 

3.5 In the event that either party wishes to terminate these terms and conditions, that party shall give the other party 30 days’ written notice. In the event that a party commits a material breach of these terms and conditions, the other party may terminate these terms and conditions with immediate effect.