These Terms and Conditions shall govern on which ‘Es-sence Training Ltd’ agrees business with their clients. It is prudent for prospective Clients to read and familiarise themselves with the terms and conditions below so there are no misunderstandings as to the obligations of each party in the executions of our service. No claim shall arise in any way whatsoever and ‘Es-sence’ training shall have no liability whatsoever arising out of any failure of any other party to read and understand these conditions, including obtaining legal advice as it may require.
Definitions
For the purpose of these conditions, the following expressions will have these meanings
‘Booking Confirmation’ means the Booking Confirmation form and Contract Particulars
Contract Particulars – the particulars set out in the booking confirmation as may be appended hereto
“Effective Date” – the date of Contract
‘Es-sence’, or ‘we’ ‘us’ or ‘Es-sence Training’ or ‘ETL’ means ‘Es-sence Training Ltd.
The Customer or ‘Client’ means the person, person’s, company or other legal entity entering into this contract for services from ‘Es-sence Training Ltd’
‘Services’ means goods or services in connection with the delivery of training to selected delegates provided by us on behalf of the Client.
‘Training Provider’ refers to ‘Es-sence Training Ltd’ it’s partners or affilliates
‘Confirmation’ means the contract which is agreed between ‘Es-sence Training Ltd’ and the ‘client’ to provide services at the agreed time and place.
Prices
Prices for goods and services shall be as agreed and confirmed in writing.
Unless otherwise agreed in writing, the prices do not cover the expenses of travel, subsistence and overnight accommodation costs of the trainer attending to provide services. We, ‘Es-sence Training Ltd’ reserve the right to make such additional charges together with reasonable administration costs at its discretion subject to such costs being be quoted at the time of client booking.
Any additional requirements or requests for additional time or training resource may incur additional charges. We will endeavour to agree these charges beforehand, such charges will generally be bases pro-rata on the agreed Prices or otherwise, where such rates are not applicable, at reasonable market rates.
Prices will not be amended or be subject to change or variation otherwise than as confirmed in writing by Es-sence Training Limited. Prices shall remain valid for the term of the contract.
Prices are exclusive of VAT. Es-sence Training Ltd is not VAT Registered as at the date of this document. Es-sence Training reserves the right to amend this status as it becomes applicable.
Terms of Payment
All invoices of ‘Es-sence Training Ltd’ for training services must be paid in full not less than 7 days prior to the commencement of the course. All further invoices shall be paid within a period not less than 28 days of the date of invoice.
In the event that any invoice for training services remains unpaid 7 days prior to the date of commencement of any training course to which it relates, Es-sence Trading limited reserves the right to cancel the Services and the Client acknowledges and agrees to hold it harmless against any loss damage claim loss damage expense forebearance or the like on an indemnity basis including for the avoidance of doubt but without limitation recovery and legal costs and fees.
Cancellations
Cancellations by the client
Subject always to agreement in writing by Es-sence Training Limited cancellation may be permitted by the client for convenience, such permission not to be unreasonably withheld or delayed. In the need for an entire event to be cancelled, prior notice of 28 days is required to secure a refund as per the terms below.
All requests for cancellation must be sent in writing to ‘Es-sence Training Ltd’ via email or recorded mail. Receipt of such requests will be acknowledged by ‘Es-sence Training Ltd’ by email and the date of the receipt shall be stated in such email. Requests received after normal office working hours (09:00 – 17:00 hrs, Monday to Friday only), shall be deemed to have been received on the next working day and working days exclude weekends or public and bank holidays).
The Client must supply the details of the course they wish to cancel including the date the event was to take place, the venue, the Course Name, the clients contact details, telephone and email address.
Unavoidable charges such as venue or catering charges which Es-sence Training Limited incurs as a result of such cancellation and which it has made reasonable endeavours to avoid shall remain the liability of the Client and shall be paid by the Client upon request and invoice by Es-sence Training Limited.
Days to Cancellation of Event |
Refund to Customer |
| Before 35 Days prior to course start date | 100% |
| At 28 Days prior to course start date | 75% |
| At 21 days prior to course date | 50% |
| At 14 days prior to course date | 25% | At 7 days and less prior to course date | 0% |
Refunds due which fall within the terms above will be returned to the client within 30 days of the cancellation upon submission of the Clients receiving bank details.
Cancellations by Es-sence Training Ltd.
Essence Training Limited reserve the right to cancel any training event for matters beyond it’s reasonable control such as an insufficient number of delegates attending the course or unavoidable trainer absence for reasons such as sickness or injury, bereavement, and/or the like.
In the case of the former, the Client with Es-sence training Limited’s agreement in writing to postpone or re-run the course at a mutually agreeable date and venue, subject to any reasonable additional charges and refund of unavoidable costs arising out of such cancellation; In the case of the latter, The Client will be offered an alternative course date at no additional cost or a refund of fees paid in respect of the cancelled event.
Courses and Events
Courses will generally be held at the client’s venue which must be a safe working environment. and by prior written agreement. A suitably large fully serviced meeting room is acceptable. If however, an external venue is selected by the client or otherwise required, the client shall be responsible for all booking requirements and costs relating to the provision of a suitable fully serviced and secure external venue, scheduling with the venue provider, all food and beverage costs of the venue.
Adequate refreshments, welfare and hygiene facilities must be provided to all delegates and trainers at no cost to Essence Training Limited. All venues should be heated or cooled according to seasonal weather conditions and have adequate power and lighting, table and chairs for all delegates and trainers, and suitably equipped for the purposes of providing multimedia presentations all as agreed prior to the event with Es-sence Training Limited.
Delegates are expected to attend and complete the course of training, for the entire course duration and we can accept no liability whatsoever for any failure of any delegate to complete the agreed course of training due to any such failure to attend, whether in part of at all.
Essence Training Limited gives no warranty and no term of this agreement shall be implied as to any provision or acceptance of any fitness for purpose obligation whatsoever in respect of any Services offered or provided by us.
The client shall give ‘Es-sence Training Ltd’ full access to the allocated Training Area and a contact name at the training venue, from 8am for the set up of equipment and arrival of delegates until 17:30 on each day of an event.
The client shall remain liable for providing and maintaining the health, safety security of its premises and persons on or within its premises at all times and Essence Training Limited accepts no liability whatsoever and to the fullest extent permitted by law, in respect of any breach of any security or its provision, or of the Clients ability to provide a safe working environment, breach of duty, health and safety regulations or the like howsoever arising.
Training Days
The course will start at 9am on the first day and conclude at 16:30 on each day. There will be beverage and comfort breaks and no more than 1 hour for lunch on each day.
Training can be run on any weekdays and Saturdays. Training does not take place on Sundays, unless by written agreement.
Delegates will attend the whole course training in order to be assessed and put forward for any relevant award.
Delegates must attend the full course and reach the standard deemed necessary in order to pass the course. Any delegate who only attends a course in part may not be deemed as having reached a satisfactory level of competence to be assessed or subsequently pass the course.
Assessments will be carried out on a fair and reasonable basis and whether a delegate meets with any required standard is entirely at the professional discretion of Es-sence Training Ltd. It can accept no liability whatsoever or howsoever for any failure on the part of any delegate to achieve the required standard, pass mark or award of any training module or event delivered.
It is the client’s responsibility to ensure that the delegate booked on the course meets the prerequisites of the course onto which they are booked, and that the course meets their requirements.
There may be occasions where delegates are requested to bring in a form of photographic identification to the first day of the course. This may be a drivers licence or passport.
In the event that a delegate is attending a refresher course, the delegate will be required to bring to the first day of that event, the current valid certificate, that is not expired by more than 28 days.
All courses are conducted in English. Delegates must be proficient in English to be able to accept verbal instruction during the course and understand the course and final assessment.
Any absences, fees for delegates who do not attended as per booking will not be refunded and that person will not be deemed as having attended that course. A substitution before 9:15am is acceptable, should for example a booked delegate report illness on the first morning of the course. The substituted delegate will be expected to attend the full course in order to be assessed at the conclusion of the course.
In the event that a delegate is late to attend the course by no more than 30 mins from the start of the course, ‘Es-sence Training Ltd’ reserves the right to not allow that delegate to attend.
No awards are transferrable between delegates.
Where a delegate does not engage, is disrespectful, abusive or violent within an event, ‘Es-sence Training Ltd’ reserves the right to ask the delegate to leave the training course immediately. Any transgressions will be reported immediately to the ‘Client’. ‘The Client shall be liable on an indemnity basis for any damage caused to the equipment of Essence Training Ltd.
Cancellations and Substitutions
Substitution of a booked candidate can be accommodated up to and including the start of the course with no financial penalty.
Rebooking of a postponed course.
A course can be postponed and dates rearranged up to two times without charge for the delegates. Replacement dates will be offered where there is opportunity to within Es-sence Training Ltd’ booking schedule. Where travel and accommodation is necessary for the trainer this will be added for the cost of rebooking. The travel and accommodation costs will be invoiced and due 7 days prior to the commencement of the course.
Liability
Es-sence Training Ltd total liability for any loss or damage, howsoever arising shall not exceed the price payable for the services, except in cases of direct physical damage to the Clients property, personal injury or death.
Es-sence Training shall not be liable howsoever cause for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.
Es-sence Training Limited shall have no greater duty, howsoever arising than to use the reasonable skill and care of a professional trainer, experienced in carrying out such training of skilled, semi-skilled or unskilled delegates, being of sound mind of reasonable capacity and selected by the Client to attend training of the nature agreed to be provided and which form the Services.
Force Majeure
Es-sence Training Ltd shall not be in breach of this contract if it cancels or suspends its services due Force Majeure, including but without limitation, being due to act of God, fire, explosion, flood, plot or act of terrorism, insurrection, government action, national emergency, war, civil unrest and commotion, riot, protest or any other event outside of its reasonable control.
General
The Contract is effective and comes into force on its Effective Date.
The Contract comprises these Terms and Conditions and the Contract Particulars as detailed in the Booking Confirmation attached or appended hereto.
Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issues by Es-sence Training, its training providers or partners, shall be subject to correction without any liability on the part of Es-sence Training Ltd.
The Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Company Information
Registered Company Address
Es-sence Training Ltd
71 – 75 Shelton St.
London
WC2H 9JQ
Es-sence Training Ltd, registered in England & Wales
Company Number: 11517815
