Business training terms and conditions

Business training terms and conditions contents

1. Definitions: definitions.
2. Term: commencement of term; end of term: indefinite, or services completed and payment made; each contract distinct.
3. Services: obligation to provide services; standard of services (B2C or mixed); failure to meet services standard; devotion of personnel to services; services: compliance with reasonable customer requests; no guarantees of exam success.
4. Services appointments: services appointments; late services appointments; rescheduling services appointments; cancellation of services appointment on notice; personnel shortage and cancellation of appointments.
5. Provider
   personnel: assurances relating to personnel.
6. Customer
   Premises: obligations of second party in relation to premises; compliance with policies at premises; securing means of access to premises.
7. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT; variation of charges.
8. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
9. Confidentiality obligations: first party confidentiality undertaking; second party confidentiality undertaking; disclosure of confidential information to certain persons; exceptions to confidentiality obligations; disclosures of confidential information mandated by law etc; parties to stop using confidential information upon termination; parties to delete confidential information following termination; confidentiality obligations after termination.
10. Warranties: first party warranty of authority; second party warranty of authority; exclusion of implied warranties and representations.
11. Data protection: compliance with data protection laws; warranty of
    Customer
    's right to disclose personal data (GDPR); details of personal data and purposes of processing by 
    the Provider
     (GDPR); duration of personal data processing by
    Provider
    (GDPR); personal data processed by
    Provider
    on instructions (GDPR); authorised international transfers of personal data (GDPR); informing 
    Customer
     of illegal instructions (GDPR); personal data processed by
    Provider
    as required by law (GDPR); confidentiality obligations on
    Provider
     persons processing personal data (GDPR); security of personal data processed by 
    Provider
     (GDPR); appointment of sub-processor by
    Provider
    (GDPR); authorisation for
    Provider
    to appoint sub-processors (GDPR);
    Provider
     to assist with exercise of data subject rights (GDPR);
    Provider
     to assist with compliance (GDPR); obligation to notify 
    Customer
    of personal data breach (GDPR);
    Provider
     to provide data protection compliance information (GDPR); deletion of personal data by 
    Provider
     (GDPR);
    Provider
     to allow audit (GDPR); changes to data protection law.
12. Limitations and exclusions of liability: caveats to limits of liability; interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of use; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
13. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
14. Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
15. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
16. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
17. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
18. General: no waiver; severability; variation written and signed; asymmetric assignment of contractual rights; no third party rights; entire agreement; governing law; exclusive jurisdiction.

STATEMENT OF WORK